CBD Oil & Cream And Firearms Ownership ??

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Bill460

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A lot of states currently allow for the use of, "Medical Marijuana". And several more states like Oregon and Washington have decriminalized it's use as a recreational drug. However, the ATF has stated in an official letter that possession of any type of, "Medical Marijuana Card", is an automatic admission of use. And as such you can lose your firearms because of it. Hawaii has even sent out letters to holders of, "Medical Marijuana Cards" saying as much. (Question #11 on the 4473 Form asks if you use Marijuana). If you check the box "YES", the dealer cannot sell you the weapon. Because Marijuana, medical or otherwise, is currently ILLEGAL at the Federal level. And Federal law supersedes state law in ALL 50 states.

Does anyone know if the same applies to the possession and use of CBD Oil and cream? This stuff is sold pretty much everywhere. Around here they even sell it in some gas stations. And many people have reported much success using it for pain relief. The oil is taken by mouth via an eyedropper, and the cream is applied topically. Neither product is an intoxicant, and they will not get you high, regardless of how much you take. Because the intoxicant in Marijuana, (THC), is not in the product. (Except in extremely small, trace amounts in some of the more potent oils).

Once again all of this treads into very sketchy territory involving firearms ownership. Personally, I know of no one who has ever lost their guns because of this. (Red Flag Laws seem to be far more dangerous in that regard). Yet the risk, however small is there. And as we all know, ANY Federal agency with 3 letters in their name has the power and ability to destroy your life with a stroke of a pen. IRS, FBI, ATF, DEA. It doesn't matter. They don't have to be right. And if they're not, they can just walk away without so much as an, "I'm sorry". And they will suffer zero consequences because of it.

Has anyone come across any actual cases involving these products they can comment on from actual experience?
 
CBD oil.cream etc is NOT THC or Marijuana If it has any THC it is below the limit allowed.
 
treads into very sketchy territory involving firearms ownership
If you Google the issue, you'll find yourself in very unsettled legal territory.
I'd suggest the OP not be the test object of trying out/maybe setting new case law.
 
I believe the issue is CBD oil that is processed poorly and does contain THC.

I would recommend a person take his or her first dose at home and around family, with guns locked away. See if that person acts out of character. I believe there is lots of CBD oil on the market that could get a good guy with a gun in trouble.
 
I believe the issue is CBD oil that is processed poorly and does contain THC.

I would recommend a person take his or her first dose at home and around family, with guns locked away. See if that person acts out of character. I believe there is lots of CBD oil on the market that could get a good guy with a gun in trouble.

There simply isn't enough THC in even the most potent CBD Oils, to cause someone to act, "out of character". Or change personality due to intoxication. Some people get no relief from it. While others may get a feeling in their inner ears similar to what some people experience when they fly. (An unsettling "clogging" feeling in the inner ear). But no intoxication.
 
There simply isn't enough THC in even the most potent CBD Oils, to cause someone to act, "out of character". Or change personality due to intoxication. Some people get no relief from it. While others may get a feeling in their inner ears similar to what some people experience when they fly. (An unsettling "clogging" feeling in the inner ear). But no intoxication.


Yep that's exactly how it's advertised. I've seen different.
 
Quite sure all can agree there are vast differences between harvested use and snake oils. However law only sees lab results. Majority of over the counter stuff is 2% or less active ingredients. Would venture to say less. A lot of mind game placebo effect goes on. Safest thing to do is stay away of snake oils.
 
I AM NOT A LAWYER AND THIS IS NOT A LEGAL OPINION.

My understanding is that a federal law was passed last year that defines "industrial hemp" as not being a narcotic. The permitted level of THC for plants to qualify is very tiny, and yes, the government can come test your crop or require you to provide certified lab results. CBD oil from responsible manufacturers is made from industrial hemp, not marijuana. You can also find hemp granola bars and other products for sale in stores all over the country.
 
BATFE policy on use of marijuana is very vague. The question on the 4473 does not give a definition on what “a unlawful user” is. In the O.P.s case it does not give a definition of how it is used to be illegal.

It also does not give time period for when marijuana was last used. The way I read the question it is in current tense. A alcoholic that has quit drinking is always a alcoholic and consider themselves to be in recovery. I recall reading something (maybe on THR) the time line was within one year but I have not found that policy conclusively.

Also the question is for drug use at the time of purchase so if the buyer was to start using pot the next day he still answered the question truthfully.

The big problem is marijuana is listed as a Schedule 1 drug. In June, 2019 a federal appeals court judge in New York ordered the DEA to remove marijuana as a Schedule 1 but it is unknown at this time if the DEA will do so.

Another big problem Is the BATFE is generally considered to be hostile toward the rights of citizens.

The biggest problem is that Congress has failed to pass new laws addressing the use of marijuana for medical reasons.
 
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Illinois is 13 hours away from being a recreational marijuana state. I for one will not be engaged in using it, i am not completely against it though. Main reason being i think some folks will benefit from not needing a medical card that would have invalidated their FOID (firearms owner identification card), so some who wouldn't have gone for a card to prevent loss of gun rights will be able to help themselves "off paper". In my opinion alchohol and firearms are a more dangerous combo but anything that alters mental state should not be used if handling firearms - perscription drugs are a lot stronger than booze or weed and should be used very cautiously.
So to the OP- no, as far as i know CBD isn't a violation of federal law, i think it is classed with the likes of hemp rope and the weird hemp soaps that make hippees smell the way they do.
 
In IL, users of the real thing (THC) can lose or be refused the honoring of their FOID. We have gotten nothing in the shop regarding CBD or any of its derivatives. My sons, both public school bus drivers were told to avoid CBD as it can show up in random drug tests the same as marijuana. Regardless of "common wisdom" it does contain some small amount of THC. No matter to me, I tried CBD in oil, salve, and pill form and it might as well have been olive oil but worse tasting. Snake oil. As my Doctor said, "You think stuff they sell in video stores is going to help with anything?"
 
If you Google the issue, you'll find yourself in very unsettled legal territory.....

That is the correct answer. It covers what we actually know. Everything else in this thread has been speculation.

So I’m closing this on that note. If someone has some new information supported by verifiable, credible evidence/legal authority, contact me by PM; and I’ll consider re-opening this thread.
 
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