MMJ/CCW questions

[cosmosannyasi]

I was wondering if a medical marijuana card-holder can be issued a concealed carry permit?

[Fallguy]

My "guess" (so take it FWIW) is no.

CRS 18-12-203(1)(f) says a permit can be issued to someone who "Is not an unlawful user of or addicted to a controlled substance as defined in section 18-18-102 (5). Whether an applicant is an unlawful user of or addicted to a controlled substance shall be determined as provided in federal law and regulations."

Marijuana is listed in 18-18-102(5) and even though it's use is legal under state law, it is not under federal law and the last part of above says unlawful use is determined by federal law and regs, not state.

Colorado Revised Statutes at http://www.michie.com/colorado

[Fallguy]

However just to add.....18-12-205(b) specifically says an application for a permit can not contain a waiver for medical records.

So other than personal knowledge or some sort of arrest record etc...not sure how the sheriff would know.

[santa]

This is a prime example of contradictory and confusing laws. I do not have any doubt that there are many medical users of pot out there who have a CCW and unless law enforcement invades your privacy and inspects your medical records there is no way for them to know. In my opinion if anybody is using medical pot that person needs to treat it like any other(legal) drug or booze and not be under the influence while carrying. Is it illegal to get a state permit to carry while using an illegal drug according to Federal law? Not neecessarily. But if anybody is thinking about challenging the law in court, good luck, it might take decades to resolve.

[coloccw]

No you can not. You are still considered an illegal user according to the federal government and the questions on the CCW application (which are taken from ATF form 4473), or commiting felony perjury by answering no to question 11. I have discussed this with ATF and CBI. MMJ card = no posession of a firearm. Period. I know people are thinking, "how would they know? What is under the influence? etc...) CBI is in process of creating a database for MMJ card holders and this will be cross checked with CBI checks. Posession of a MMJ card can be considered under the influence as, depending on the test administered, the drug can be in your system for as long as 1 week or more. I don't know of anyone who has challenged this as of yet, but expect big guns on the side of ATF, CBI, and State of CO if this does go to court. Direct word I have recieved from ATF is MMJ card = no transfer of a firearm as indicated on Form 4473, question 11.

On the common sense side: Would you REALLY carry when medicating? I hope not...