Concealed firearms and controlled substances?

[992]

At the risk of sounding stupid,can I ask what would be the difference between you driving or walking around and smoking MJ ,and say me doing the same thing?Iwould be arrested but you would not?
You have a card to get high and I don't,so one goes to jail and the other goes happily on his way.
By the way,I have to take a lot of high dollar meds too.
I am not dowing you for what you do,I just don't see how cops make the call on what to do.

992

 

[Zoogster]

At the risk of sounding stupid,can I ask what would be the difference between you driving or walking around and smoking MJ ,and say me doing the same thing?Iwould be arrested but you would not?

Anyone driving around under the influance can and should be arrested for DUI under the law. The same goes for legal prescription medications that one cannot operate heavy machinery under the influance of.

Being under the influance of marijuana while driving would be DUI or DWI or whatever they call driving intoxicated in your state. In CA that includes just being in the vehicle, even with the keys out of the ignition (don't take a nap in the driver's seat till sober, its DUI) if intoxicated.
Rightly so, anyone under the influance of anything which slows reaction time is putting other people on the road at risk by choosing to drive thousands of pounds of metal.

Being intoxicated in public is also a crime many places under various statutes.
Using another substance would fall under the same guidelines. If drinking in a park or while walking down the street intoxicated is illegal, then doing marijuana would be illegal in the same way.
There is 'disorderly conduct', and 'drunk in public' laws for example in CA.
A person simply intoxicated walking down the street can be arrested for a number of crimes. Many cities and towns also have ordinances prohibiting using intoxicating things in various locations.

So in reality the only place they can legaly use that marijuana or be under the influance of it (under state law) is where it would be legal to be use or be intoxicated with alcohol.

 

[BigBlock]

At the risk of sounding stupid,can I ask what would be the difference between you driving or walking around and smoking MJ ,and say me doing the same thing?Iwould be arrested but you would not?

Pretty much. I can't drive under the influence, but I can drive with over a pound of weed sitting on the seat next to me. The worst the cop could do is give me a bad look. I'm supposed to use and grow it privately, which I do, (much like a CCW to avoid sheeple panic) but if I'm taking a walk in the evening and smoking a cigarette that smells funny...I don't think it will be much of a problem.

 

[BigBlock]

Here's some more information regarding the laws for the Oregon medical marijuana program (OMMP) for those that are interested.

- The OMMP works from a locked and secure office.

- The OMMP keeps all computer and paper files locked and secure when not in use.

-OMMP staff tells officers from state or local law enforcement agencies "yes" or "no" when asked: (1) if a specific person has a valid registry identification card; (2) if a specific person is a caregiver of a patient; (3) if a specific person has a pending application, or (4) if a specific address is a registered "grow site". This "yes" or "no" practice is called "verification", because we only verify specific questions asked of us.

- OMMP staff do not give out other information to law enforcement. For example, if an OMMP staff member is asked by an officer to give out the name of a patient's designated primary caregiver, the staff member tells the officer that such information is confidential and can only be verified if OMMP staff is given specific information (name or address) to verify.

Legal or no, I would strongly congratulate anybody that could actually find my plants.

 

[jrfoxx]

At the risk of sounding stupid,can I ask what would be the difference between you driving or walking around and smoking MJ ,and say me doing the same thing?Iwould be arrested but you would not?
You have a card to get high and I don't,so one goes to jail and the other goes happily on his way.
By the way,I have to take a lot of high dollar meds too.
I am not dowing you for what you do,I just don't see how cops make the call on what to do.

The way the cops decide who would go to jail, and who wouldnt in the scenario you describe is that OR state law allows him to possess, grow, and use marijuana in Oregon if he had a perscription from his doctor (and whatever other card, papers etc they may require, I dont know, but you get the point.), so for him its perfectly legal.If you did the same as him in Oregon, but without the proper perscription, papers, card, whatever, it ISNT legal.Thats how they decide.One person is doing something thats legal, the other is doing something illegal.Same as any other scenario/situation.That said, personally, I dont think you should be arrested either, as I think the drug laws, marijuana especially are stupid, and do nothing but create a black market, violence, and profits for those operating in the black market, while doing nothing to prevent anyone from obtaing or using the drugs anyway.What someone want to do with/to THEIR own body, in the privacy of THIER home or property, that is in NO way affecting anyone else, should be up to them.That includes drugs, suicide, sticking a fork in your arm for fun, whatever you want to do to yourself.Just my opinion on that, but I dont make or enforce the laws, so my opinion is pretty worthless.

As for the OP's question/problem, I'd PERSONALLY, answer the questions on the form honestly, but be sure to explain your LEGAL marijuana use and show them the proof, and hope for the best.I'm guessing if you lie, and then had to use your ccw, if they found out you had lied, they would probly instantly consider your permit to have been invalid from the start, and thus you get charged with illegal ccw.The matter of the the feds, buying a gun, and the 4473? I dont know what I'd do. I think the the law is wrong, as is the question, but I wouldnt wnt to go to prison either, and the feds have NO sense of humor on the matter, and OR law means SQUAT to them, so....thats up to each individual to decide (and personally, I'd keep the decision to myself until the federal law is changed).

Not sure if this was brought up, but open carry is legal without a permit in OR just about everywhere, so that may be a bettre option for you.That way, you dont have to worry about how to, or whether or not to, answer any questions on any forms.Unless you live, work, or frequent Portland/Hillsborough area, open carry should be fine. (there may be other cities that ban OC in OR, I dont know. I know Eugene doesnt, and as ultra-liberal, soccer mom as this town is, if its legal here, I'm thinking its legal in the vast majority of cities.)

also, if your in Lane county, I have found the Lace county sheriff's office to be VERY freindly and helpful in answereing questions on all things gun related, and were very nice during the permit process too. You can always just call and ask.

 

[jaholder1971]

"Get rid of your grow operation completely, leave not a trace of it in your home. Lamps, pots, fertilizer, seeds, even the soil.

Get a prescription for Marinol or Cesamet and get legal. Then you can answer all your questions truthfully on both your CCW license and your 4473."

thats a crock of male bulvine excrement IMHO. if he wants to grow and smoke/eat his own ganja for his condition what ever it may be{hell boredome for all i care} then power to him.

I really don't care either, but the fact still remains that the Feds consider use of marijuanna illegal no matter what the state says.

Soo, if he says NO on a 4473 when he does he's just broken federal law. They just nailed one of the Jonesboro school shooters on this not too long ago for possession of a weapon while being a drug user.

Again, lose the grow, get the Marinol and you're legal.