Can Medical Marijuana Card Holders Hold a Hunting License?

December 15, 2016

Question: Is a person who possesses a medical marijuana card legally prohibited from having a hunting license? If so, are there different hunting licenses required by those who archery hunt vs those who hunt with a firearm? (Mario R.)

Answer: According to California Department of Fish and Wildlife (CDFW) Captain Patrick Foy, fish and wildlife laws don’t prohibit a person with a medical marijuana card from obtaining a hunting license. However, the Fish and Game Code (FGC) and common sense prohibit a person from hunting while under the influence (see FGC, section 3001.) There are also regulations relating to use and possession of marijuana on CDFW lands, including those who are in possession for medicinal purposes (see California Code of Regulations Title 14, section 550(x)(2)).

A California hunting license authorizes a person to hunt with any legal method of take. There are a few specific hunts and tags that require a person to use only archery, but the same hunting license is used. All archery hunters are encouraged to take an archery education class in addition to regular hunter education, but it is not required.

Medical marijuana users are forbidden by federal regulations from possessing firearms. In court ruling the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) successfully argued that anyone "who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use for medicinal purposes ...  is prohibited by federal law from possessing firearms or ammunition."

Medical marijuana users are forbidden by federal regulations from possessing firearms. In court ruling the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) successfully argued that anyone "who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use for medicinal purposes ...  is prohibited by federal law from possessing firearms or ammunition."

So I'm just sitting here having my coffee and pondering the plight of the world,,,,,,,,,,,,,,,,,,

Interesting, California has decided to ignore the Federal regs on Marijuana itself, so will it chose to ignore this Federal reg/decision as well?

And then since firearms are sold thru Federal Firearms licenses would a background check show a Medical Marijuana Card/Prescription?

And if the background check doesn't catch it...........................

Just thinking,

Medical marijuana users are forbidden by federal regulations from possessing firearms. In court ruling the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) successfully argued that anyone "who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use for medicinal purposes ...  is prohibited by federal law from possessing firearms or ammunition."

So I'm just sitting here having my coffee and pondering the plight of the world,,,,,,,,,,,,,,,,,,

Interesting, California has decided to ignore the Federal regs on Marijuana itself, so will it chose to ignore this Federal reg/decision as well?

And then since firearms are sold thru Federal Firearms licenses would a background check show a Medical Marijuana Card/Prescription?

And if the background check doesn't catch it...........................

Just thinking,

Background check doesn't show it. I don't have a "card", but I know people that do and it does not pop up on a federal background check..

IF you have a card and "lie" on the form, that is perjury. IF you are caught, you are smoked. (see what I did there?) 

Guns and any type of guns is not good. I am pretty sure you get criminal enhancements for having a gun and drugs in your possession if I recall correctly from when I did bail bonds.

IF you have a card and "lie" on the form, that is perjury. IF you are caught, you are smoked. (see what I did there?) 

Yes, they truly would be smoked.

With the new laws, they won't need a card anymore. I can sign my form(s) with a clear conscience 

With the new laws, they won't need a card anymore. I can sign my form(s) with a clear conscience 

IF you smoke dope, you can’t own a gun. At least not legally.

Even though marijuana is now legal for medicinal or recreational purposes in more than half of states, the federal government still classifies the drug as a Schedule 1 narcotic.

On every background check completed at a federal firearms dealer, prospective buyers are explicitly asked if they are a “user of, or addicted to” the substance. A “yes” answer means the gun seller can’t go through with the transaction. A “no” answer — if false — is a crime punishable as a felony, with up to five years in prison.

Your choice is to perjure yourself or not get your gun.  The Bureau of Alcohol, Tobacco, Firearms, and Explosives issued a refusal to step back from standing policy. “There are no exceptions in federal law for marijuana even if such use is sanctioned by state law."

Can we at least agree that a blanket ban on dope smokers owning guns is extremely stupid?

I mean, how does that make sense?  Even a little bit?

What if you have a card, but don't currently use?  Having the card doesn't automatically make you a user.

-Allen

Can we at least agree that a blanket ban on dope smokers owning guns is extremely stupid?

I mean, how does that make sense?  Even a little bit?

What is stupid is that it's classified as a schedule 1 narcotic.  No laws need to be changed if that medical designation would be updated. 

I don't smoke pot, but I can't see where if I did ever choose to take a puff, that it would risk my right to own a gun. 

Does being a user of any drug make it statically more likely that any firearm that such person purchases is subsequently used in a crime? 

What if you have a card, but don't currently use?  Having the card doesn't automatically make you a user.

-Allen

Medical marijuana patients face a high risk of discovery. In states where it’s legal, registration is mandatory, possession of a medical marijuana card can be enough to disqualify you from purchasing a firearm if the background check includes searching for the registration. 

Maybe a drug test to accompany the application?  I have no idea how long THC is detectable in the body. 

Since pot is now recreationally legal, if I had a medical card, I'd be doing my best to get off the registration list as quick as I could. 

In states where it’s legal, registration is mandatory,

I don't think that's how it works.

In states where it’s legal, registration is mandatory,

I don't think that's how it works.

A) If you have stated card and have to hand it to an officer, he will call the number on that back of card to see if you're " license is current ".  If so, your good to go. Granted youre not breaking any of the other laws (i.e.:have marijuana and multiple baggies;  paraphernalia like pipes or water pipes).  You don't really have to register with the state.



B) it's common since you should NOT bring ALCOHOL when you go hunting.  As we all know, an officer will connect the dots pretty easily and  might do a blood/alcohol test on you.
Thus, if you have marijuana and a gun together, in the same  vehicle an officer will connect the dots. There is NOT a blood test for being under the influence of marijuana.. YET!(the new law that  made it legal has a  percent of money going into Development  of a system)

C). Bottom line the  Constitution should always trump all other laws. I.e.:right to bear arms.  The federal law enforcement is not going after the " recreation users"(under two ounces of marijuana in possession). So you have to be a dick to law enforcement to have them trouble you.

E) There are  multiple prescription medications that will test possivtive for methamphetamines and methylenedioxy-methamphetamine. (Cocain and ecstasy). These are  scheduled one narcotics. And there is a black market for them.

By reasoning of marijuana is in the same lump, it's because of the black market.  The federal government has to keep it there to be able to sentence and deport drug traffickers.


So,
don't be the guy that has to "use" pot for your back pain to climb a tree while hunting.
Don't be that guy that uses ANY  weapon while under the influence of marijuana, alcohol, or any drug  for self-defense.
Don't be the guy that's a dick and gives an officer the opportunity to connect the dots

And lastly, Common sense is not common. So, not matter what, people will use drugs and alcohol while using guns.