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Old 06-22-2019, 03:29 AM #1
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Gun ownership, Medical Patient Card, Primary Caregiver Card

Hi all,

I mostly lurk here and don't post much but recent law changes in my state of Missouri have me curious on a few things.

There is a federal law that prevents users of controlled substances to own or possess firearms or ammunition. Everything I can find on this topic specifies "users", but what if you are a caregiver without a patient card?

Would love to see/hear what the exact verbiage is, and also if anyone can provide different or additional inputs here!

Best,
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Old 06-22-2019, 05:44 AM #2
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i think simply being in possession of medical cannabis would constitute "user" even though you're not technically using it. AFAIK in every state anyone that is growing can not have a gun. people that would live at the grow but are not patients can not have a gun. it's not supposed to even be on the property. i don't even think having a concealed carry permit helps and i think you lose it if you become a patient but i would assume that all patient laws also effect the caregiver because you're growing for the patient and acting as the patient would because they physically can not grow their own.
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Old 06-22-2019, 07:56 AM #3
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Good question, and ignorance of the enforcers is going to make a difference. Lots of messed up stuff can happen to folk and family, long before the idiocy is cleared in court.

Where did I see a state going against this? Eventually the ignorant will become educated or die, and then we'll see the laws change globally.
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Old 06-22-2019, 02:18 PM #4
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Having the medical card does afford certain rights. In fact your weed is a prescribed medicine.
Does MM allow growing in Missouri?
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Old 06-22-2019, 03:21 PM #5
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The Supreme Court has said, in the case of Marburg v Madison,...
“Any law repugnant to the Constitution is void.”

Supreme Court rulings hold the weight of the Constitution.

That’s good enough for me.
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Old 06-22-2019, 10:30 PM #6
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Quote:
Originally Posted by Zeez View Post
Does MM allow growing in Missouri?
Hiya Zeez,

Yes, MO MM card holding patients can grow up to 6 flowering plants + 6 non-flowering + 6 clones (funny how some politician landed on "6-6-6").

This can be their grow or they can assign a primary caregiver. A caregiver can grow and provide for up to 3 patients (only up to 2 patients worth of plants allowed per locked and secured grow site - scratch my head).

However, [unless it's buried somewhere that I haven't found] different than a lot of other states the caregiver is not required to be a card carrying patient.

Thus my question based on words like "user" in the ATF memo.

This will keep a lot of patients on the black market side guaranteed. Missouri has a very active and avid hunting contingency.

Cheers,
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Old 06-22-2019, 10:51 PM #7
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2011 ATF memo.

https://www.atf.gov/file/60211/download

Now, from the DEA website it explicitly states "Schedule 1 drugs , substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse."

Clearly there is an accepted definition of accepted medical use these days. Seems MJ is due for rescheduling yes?

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Old 06-22-2019, 11:13 PM #8
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Yeah, I think your bulletproof. I renewed my Firearms card while having a MM card. No issue. If it was going to be a problem it would have showed up then. I'm in the most firearms strict state in the country.
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Old 06-23-2019, 02:32 AM #9
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Technically you are not admitting to being a user of marijuana by being a caregiver in Missouri, contrary to being a registered MMJ patient .It would only apply to new gun purchases since no check is required on individual transfers in Missouri. IMO you are on solid legal ground. How the feds interpret it is anyones guess but at least they would not have a signed document with a perjorous declaration . The state can only inspect the grow area and a designated (by grower) path to it so as long as you are not storing your firearms in your grow or displaying them in plain view you should be good. Also, You are only allowed to grow for 2 other people. The 3rd would be if you are also a mmj card holder. They are allowing shared space growing, where multiple patients or caregivers can grow in the same space as long as each plant is clearly labeled .
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Old 06-23-2019, 03:28 AM #10
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Until the Fed reclassify, guns and mj are a no no unless licensed, hired security.

Remember, as a schedule one, it’s a narcotic in the Fed’s view, there are no medical users or caregivers. Possession of a gun with a federal narcotics charge will enhance the potential penalties. They don’t give a flying fuck about caregiver status, it’s narcotics to them. There is no such thing as a prescription for marijuana in the USA, it’s a schedule 1 narcotic and no doctor can legally prescribe it. A doctor can recommend mj and this provides a level of legal protection from the individual state, not the federal gov.

With that said, the odds of a caregiver finding themselves in a federal case are incredibly slim, but the reality remains until reclassification. But I don’t know what all my friends and associates are into. Know what I mean? When I was active, our collective rule was no guns unless licensed security. I spent a lot of my days in court, and watched many people go down thinking their paperwork would save them in California. Don’t get fooled into thinking that paper is anything but a small bit of protection assuming you’re following the rules.
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