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Proposal to Deny FOID Cards to Medical Cannabis Users Nixed


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http://politics.suntimes.com/article/springfield/proposal-deny-firearms-id-cards-medical-pot-users-nixed/wed-04162014-711pm

 

Proposal to deny firearms ID cards to medical pot users is nixed


Wed, 04/16/2014 - 7:11pm
Becky Schlikerman

A proposed rule that would have barred medical marijuana patients from obtaining Firearm Owner’s Identification cards has been nixed, The Chicago Sun-Times has learned.

Illinois officials had posted preliminary rules for the implementation of the Illinois Medical Cannabis Pilot Program that barred medical marijuana users or their caregivers from obtaining a FOID card if they were part of the pilot program.

But in rules that will be officially filed for review later this week, that provision has been removed, sources said.

It was not immediately known if the same provision regarding Concealed Carry Weapons Permits had also been removed.

Illinois Department of Public Health officials said the official rules are expected to be published Friday.

But how the change in the rules impacts medical marijuana users and their ability to legally own a gun is still murky to some, though not to federal officials.

Under federal law, which regulates gun dealers, anyone who uses a controlled substance, including marijuana, is prohibited from owning or possessing a firearm or ammunition, said Bureau of Alcohol, Tobacco, Firearms and Explosives spokesman Thomas Ahern.

“Under federal law, anyone who is using marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use ... the person under ATF law is considered an unlawful user,” he said.

The rules now go to the Joint Committee on Administrative Rules, which would have to review and approve the rules after a 45-day public comment period.

 

 

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The FFL form 4473 asks the purchaser "are you addicted to a controlled substance?" not "do you use a controlled substance?" There are existing strains of Cannabis that is has low in the addictive THC and high in CBD which is provides the benefits and therefore if someone used that strain they would get the benefits without the addictive mind altering effects of typical marijuana and if they were to fill out a form 4473 they would not have to lie since it asks if they are addicted not if they use. The ATF can not claim simply using a drug is a disqualifying factor since form 4473 states that being addicted is.

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The FFL form 4473 asks the purchaser "are you addicted to a controlled substance?" not "do you use a controlled substance?" There are existing strains of Cannabis that is has low in the addictive THC and high in CBD which is provides the benefits and therefore if someone used that strain they would get the benefits without the addictive mind altering effects of typical marijuana and if they were to fill out a form 4473 they would not have to lie since it asks if they are addicted not if they use. The ATF can not claim simply using a drug is a disqualifying factor since form 4473 states that being addicted is.

Notwithstanding my personal feelings about people under the influence of drugs or alcohol, I agree with you, and would add that there are plenty of people out there that are addicted to substances that do not know they are addicted. It takes a trained professional to make an official determination of an addiction.

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If the drug companies were smart they would make a deal with the FEDS to process medically beneficial CBD into a pill with little or none of the potentially dangerous and addictive THC for those that would otherwise need to use medical marijuana and reserve the unprocessed regular medical marijuana as a last resort.

 

They already do that

 

http://medicalmarijuana.procon.org/view.resource.php?resourceID=000883

 

The main issue is complicated, but I'll say the effectiveness varies from person to person.

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All of this paragraph is lined out in the new proposal, but still not sure on a carry permit.

 

22) That the applicant understands that a qualifying patient or designated caregiver with a current Firearm Owners Identification Card or a Concealed Carry Weapons Permit who is approved for a registry identification card shall be in violation of and may not possess firearms under relevant state and federal law. As such, registered qualifying patients and designated caregivers are not eligible for a Firearm Owners
Identification Card or a Firearm Concealed Carry License and may be subject to administrative proceedings by the Illinois State Police if they do not voluntarily surrender such card or license.

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