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Your medical pot or your gun

Wednesday, Jan 22, 2014

* I really don’t like this idea

Patients who want to qualify for medical marijuana in Illinois would have to be fingerprinted for a background check and pay $150 a year — and give up their right to own a gun, state officials proposed Tuesday. […]

One new proposal states that a qualifying patient or caregiver may not possess a firearm, even if they have a state firearm owner’s identification card or concealed carry permit, and violators may be subject to sanctions by state police.

* I mean, I see the reason why, but I still don’t like it…

Todd Vandermyde, lobbyist for the National Rifle Association, said the NRA takes no position on the issue but that the rule seems to be an attempt to interpret federal law. A U.S. Department of Justice firearm application form asks if the buyer is “an unlawful user” of marijuana or other controlled substances.

Illinois regulations make clear that pot possession is still prohibited by federal law, and the state denies liability for damages arising from the program, including federal prosecution.

Ugh.

- Posted by Rich Miller        


38 Comments
  1. - 47th Ward - Wednesday, Jan 22, 14 @ 2:55 pm:

    Lease the gun. Take the “special” brownies.


  2. - John Boch - Wednesday, Jan 22, 14 @ 3:01 pm:

    Washington State and California are two states that have wrestled with his for the last year or two.

    I’m not sure how it’s all settled out, but I believe in those states, folks have a choice: Their right to own a gun or the marijuana card.

    For people with legitimate medical conditions that can benefit from “herbal” relief as opposed to narcotics, this is a very bad choice to face.

    John


  3. - Roamin' Numeral - Wednesday, Jan 22, 14 @ 3:03 pm:

    Docs can prescribe stuff way more potent than pot. Should patients using these medications be subjected to the same rules? Should users of alcohol be subjected to the same rules?


  4. - countyline - Wednesday, Jan 22, 14 @ 3:06 pm:

    So someone with a medical condition that qualifies for mm isn’t allowed to protect themselves ?


  5. - wordslinger - Wednesday, Jan 22, 14 @ 3:07 pm:

    You can go to Walgreens and pick up a bottle of Jack Daniels while you wait to fill your Oxy prescription and keep your FOID.

    But you’re a lunatic who has to give up gun rights because you want to smoke a little weed to take the edge off the chemo? It makes no sense.

    Illinois’ backwardness of marijuana truly surprises me. We can pass gay marriage, end the death penalty, but reefer madness rules? It’s crazy.


  6. - OneMan - Wednesday, Jan 22, 14 @ 3:11 pm:

    Roamin’ Numeral

    Therin lies the problem…


  7. - chad - Wednesday, Jan 22, 14 @ 3:12 pm:

    Off topic, but Illinois Review is reporting that Lou Lang has sent the State Board of Elections a letter asking for an investigation on the payroll situation, you know, the $558,278.53 of secret payments to secret people.


  8. - 47th Ward - Wednesday, Jan 22, 14 @ 3:14 pm:

    Oof. Leave the gun. Dang auto correct.


  9. - D.P.Gumby - Wednesday, Jan 22, 14 @ 3:20 pm:

    But if’n I ain’t got my gun, how am I gonna protect my medicinal stash?


  10. - Chavez-respecting Obamist - Wednesday, Jan 22, 14 @ 3:20 pm:

    I’d rather deal with an armed stoner than an armed drunk.


  11. - OneMan - Wednesday, Jan 22, 14 @ 3:21 pm:

    ==I’d rather deal with an armed stoner than an armed drunk.==

    True, when I was working security in college those who were stoned were much easier to deal with than drunks.


  12. - Chavez-respecting Obamist - Wednesday, Jan 22, 14 @ 3:25 pm:

    I learned that in college too OneMan. Sitting at the desk, checking IDs at 3 AM.


  13. - Formerly Known As... - Wednesday, Jan 22, 14 @ 3:28 pm:

    On the surface, this appears to be terribly flawed logic.

    If the state has decided medical marijuana is a medicine, then it is a medicine.

    Are there any other medicines which disqualify one from owning a firearm?

    And isn’t a medical marijuana database sort of like the gun owners database so many were recently up in arms about?


  14. - downstate commissioner - Wednesday, Jan 22, 14 @ 3:29 pm:

    DON’T see the reason..It isn’t illegal to purchase alcohol or other prescription drugs and own a gun, why should it be illegal to purchase medical marijuana? Reefer madness??
    My question is this: my wife might qualify for med. weed; she does not have a foid card, or own a gun; the guns in our house belong to me, and I have a foid card. How does this factor into the marijuana prescription?
    This is just another end run around gun ownership and concealed carry by the anti-gunners… and people wonder why the ISRA gets so excited…


  15. - dupage dan - Wednesday, Jan 22, 14 @ 3:29 pm:

    It’s easier to deal with an armed stoner cause they probably forget to bring the gun.

    Hard to see a way around this - until the fed gov’t takes this up anyway.


  16. - Kevin Highland - Wednesday, Jan 22, 14 @ 3:37 pm:

    @downstate commissioner
    Do the firearms belong to you or “you and your wife”. Community property & all.

    I agree with you though.


  17. - Just The Way It Is One - Wednesday, Jan 22, 14 @ 3:42 pm:

    These poor suffering folks would have to pay and give up WHAT? Are they kidding me?! Excuse me, but what about that apparently highly inconvenient FACT of LIFE around these parts known as the 2nd AMENDment? Sheez, ya just knew somehow that opponents to this compassionate, beneficial law would secretly find SOME way to bog its’ full implementation down further by gumming up the works with stuff like this so that it all ends up in the Courts again. But fear not, those of you who really NEED that marijuana for medicinal purposes–such dilatory tactics will be overcome and the extra fees + gun removal issue will get resolved before long.

    You knew this was coming somehow. God bless you in your suffering and just try to hold on with a little more patience so that this latest round of litigious nonsense gets worked out…!


  18. - Demoralized - Wednesday, Jan 22, 14 @ 3:50 pm:

    ==This is just another end run around gun ownership and concealed carry by the anti-gunners==

    Oh please. Federal law on marijuana is the issue here, not some conspiracy to keep people from carrying firearms.

    ==Excuse me, but what about that apparently highly inconvenient FACT of LIFE around these parts known as the 2nd AMENDment?==

    Gun debates give me a headache. For the one millionth time, regulations on gun ownership is allowed and I’m betting there isn’t one judge who would say that restrictions based on drugs is a violation of anybody’s rights. That said, I don’t think medical marijuana should prevent somebody from owning a gun but the entire situation is the result of the federal government’s backwards policy regarding marijuana.


  19. - Todd - Wednesday, Jan 22, 14 @ 3:51 pm:

    Federal law asks if you are an unlawful user of a controlled substance – they still consider marijuana a controlled illegal substance.

    Now Illinois has “legalized” it for some people. So there now becomes a conflict between three state laws. FOID/FCCL & MM law and the federal law on owning/possessing/carrying a gun.

    I think the real problem is those care givers who have the card to transport, but not use and they lose their rights. They are put into the position of choosing a job or their rights.

    In Oregon, the State Police did something similar. And revoked carry permits. It went to court and the State Supreme Court found in favor of the people with the MM cards and told the State Police their job was to implement the law not interpret it. If my memory serves me correctly.

    The feds still view it as illegal no matter what. And now it appears the State Police are going to take the same view.


  20. - MrJM - Wednesday, Jan 22, 14 @ 4:03 pm:

    You can have my medical marijuana when you pry it from my cold, dead… what were we talking about, man?

    – MrJM


  21. - Amalia - Wednesday, Jan 22, 14 @ 4:11 pm:

    it’s ridiculous. but it is kind of amusing to wait and watch if the ISRA/NRA file a lawsuit!


  22. - Libertyville's finest - Wednesday, Jan 22, 14 @ 4:17 pm:

    What is the reason , as you see it, Rich?


  23. - 332bill - Wednesday, Jan 22, 14 @ 4:21 pm:

    HR 3483 has been introduced in the U.S. House to exempt “legal” marijuana from the federal gun ban.


  24. - Gator - Wednesday, Jan 22, 14 @ 4:21 pm:

    That’s why I love Todd…he gives it to you straight, man.

    I highly doubt that somebody who is stoned is rushing out to shoot people. Buy munchies, yes. Shoot people, no. As many others have commented, alcohol and drunk people are much more dangerous.

    I bartended for almost 15 years and have seen nice people do weird stuff when they got drunk….beating up their friends/spouses, falling asleep in their cars in below zero weather, boxing with security/DJs/photographers/cops/the father of the bride, and causing destruction of property for no reason.

    I even had a drunk bride flash me her chest at her wedding because she had no money to tip me for my exemplary bartending services.

    I’d rather face a stoner over a drunk any day. There is a saying in the old country, “the crazy person saw the drunk person approaching and he (the crazy person) took off running”, meaning that everybody should be afraid of the drunk person!!!


  25. - PoolGuy - Wednesday, Jan 22, 14 @ 4:29 pm:

    it’s amazing how so many people are still so afraid of pot. but alcohol and cigs are legal, so they’re so much safer. wow. old people.


  26. - 332bill - Wednesday, Jan 22, 14 @ 4:37 pm:

    “Marijuana is the flame, heroin is the fuse, LSD is the bomb. So don’t you try to equate liquor to marijuana, Mister, not with me.” (Sgt. Joe Friday)


  27. - PoolGuy - Wednesday, Jan 22, 14 @ 4:43 pm:

    yes that’s exactly where people’s mentalities are stuck in regards to weed, in the 1950’s with fictional goofs like Joe Friday.


  28. - In_The_Middle - Wednesday, Jan 22, 14 @ 5:06 pm:

    If you are in pain you need a prescription to be in possession of narcotics and still own a gun. But if you have them on you without a prescription then you get arrested. You can get a prescription for cannibus for pain but you can’t own a gun?


  29. - Chavez-respecting Obamist - Wednesday, Jan 22, 14 @ 5:37 pm:

    This was the best Dragnet episode ever: http://www.imdb.com/title/tt0565659/plotsummary?ref_=tt_ov_pl


  30. - plutocrat03 - Wednesday, Jan 22, 14 @ 6:02 pm:

    nut cases on parade.

    So who are these ‘high’ minded officials?


  31. - Carl Nyberg - Wednesday, Jan 22, 14 @ 6:25 pm:

    So, the NRA will be OK with imposing no firearms for people convicted of alcohol related offenses in the last three years, right?


  32. - SandyC - Wednesday, Jan 22, 14 @ 7:50 pm:

    Caretaker here of Jim. Both of us have a FOID card. I am not pleased at all that a caretaker must surrender their rights because they are eh eloping sick people feel better. I will continue to address this and hope he NRA who holds no position will back those of us who do not use cannabis.

    I have voiced my concerns and suggestions to the Governors office. Tell me I can’t CC and I might be more willing to accept. I don’t get how Ican drink pop ppills and no one cares. But let me help a sick person, a loved one.. And I am to surrender my FOID? I do not use cannabis, do not want to use cannabis And have no plans to use. Hardly seems justified to the caretakers.


  33. - SandyC - Wednesday, Jan 22, 14 @ 7:52 pm:

    Please pardon the typos…


  34. - SandyC - Wednesday, Jan 22, 14 @ 7:59 pm:

    If it’s proven by federal law we can’t have the cards well have no choice but to surrender. However, if a precedence has been set by another state by the Supreme Court, we may have good reason to remain patient and see how this pans out in Illinois. I’m not giving anything up just yet.


  35. - Todd - Wednesday, Jan 22, 14 @ 11:20 pm:

    Sandy — we are taking a hard look at the caregivers that is the most unfair of the rule.

    give it a bit of time. . . .


  36. - FormerParatrooper - Thursday, Jan 23, 14 @ 6:55 am:

    I heard someone say a long time ago if the pot guys and gun guys teamed up, they would be a major force. Personally I feel if you use mm, there is no reason to remove your firearm Right.


  37. - SandyC - Thursday, Jan 23, 14 @ 7:42 am:

    Sure will Todd. Let us know if you need anything.


  38. - Hit or Miss - Thursday, Jan 23, 14 @ 8:33 am:

    Gun owners make a big distinction between ‘right’ and ‘privilege’ when they talk about guns and gun laws. The current federal law on the subject of guns and cannabis is, as I see it, about the privilege of having cannabis and not about the right to have a gun. The current law in my view is only a restriction on the privilege of using cannabis and not the right to have a gun.


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