Q: Does possession of a PA Medical Marijuana card prevent obtaining/renewing an LTCF?

[Mosinshooter762]

I thought Federal law and the related 4473 question relate to being addicted to or an unlawful user of marijuana. One can possess a plastic (medical marijuana) card and not be actually addicted to or an (unlawful) user of marijuana. They first have to use the card. It is not the government's position that having such a plastic (medical marijuana) card, in and of itself, is illegal, correct? Or did Justice Gorsuch or someone like him write some supposed textualist opinion finding such lately?

[abner13]

You can think and theorize all you want , but the rule has been written and it's a big fat NO!

Besides , once you use marijuana , you are hopelessly addicted , brain damaged and forever mentally unstable.

Right Jenn?

[gnbrotz]

I thought Federal law and the related 4473 question relate to being addicted to or an unlawful user of marijuana. One can possess a plastic (medical marijuana) card and not be actually addicted to or an (unlawful) user of marijuana. They first have to use the card. It is not the government's position that having such a plastic (medical marijuana) card, in and of itself, is illegal, correct? Or did Justice Gorsuch or someone like him write some supposed textualist opinion finding such lately?

You are technically correct that one can possess the card and never even possess or use any marijuana at all, "state legal" or otherwise.

However, just as they have "decided" that bump stocks are machine guns, they have taken the official position that having such a card meets the statutory definition of "reasonable cause to believe" someone is an unlawful user. THAT is the statutory standard for sellers, both FFL and otherwise.

How a buyer fills out the form and what happens as a result is a completely different matter.

One could even argue that an FFL commits a crime when they have such a "belief" and complete the transaction, even if it turns out they were completely wrong in that belief.

[bogey1]

You can think and theorize all you want , but the rule has been written and it's a big fat NO!

Besides , once you use marijuana , you are hopelessly addicted , brain damaged and forever mentally unstable.

Right Jenn?

[Storm88000]

A guy I know from PA is big into hunting. He is also big into smoking pot all day, everyday, every night etc. He's been smoking for 15 years straight and looks like a zombie. He has a PA marijuana card, and I mentioned about renewing my LTCF yesterday and he mentioned he's not eligible because of what's been discussed in this thread. He's often misinformed about such things, or confused (burnt out basically) so I wanted to check myself and it turns out he's correct. I suppose someone with a card for legit or not legit purposes (he has no chronic pain or any of that stuff, he just wants to get stoned and the card makes it easier and less shady to get it).

Now, I wonder how he's legally permitted to hunt all the time while having the Marijuana card. I would be more worried being out in the field with someone stoned trying to shoot an animal w/ a powerful long gun, than someone stoned sitting at a bar with a little .380 in his/her pocket.

I dunno, strange days....

[gnbrotz]

Now, I wonder how he's legally permitted to hunt

I'm not sure about the technicality of being permitted to "hunt", but I can assure you he's not in legal possession of firearms.

[ViperGTS19801]

Having an MMJ license does not mean you possess or use marijuana, the same way that having a driver's license does not mean you own or drive a car, or how having an LTCF does not mean you are carrying a firearm.

That being said, BATFE has been pretty clear about their stance on it being a federal disqualifier.