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jim
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Posted: 8/10/2012 12:43:20 PM
Originally Posted By SS109:
Thanks. He is a coworker who wants to buy an AR from me and I know he has a card so I will just tell him I can't legally do it.

I also have coworkers with domestic violence charges wanting to buy my firearms. I just have to tell them if the gunshop can't sell to you, neither can I.


Knowingly selling to a prohibited person will get you some federal vacation time. This is why gray areas get confusing. You think or feel a potential buyer should not have a gun, walk away. On the other hand you deal with Mr. Squeaky clean and 2 weeks later read about him busted on an interstate child porn ring.
Trust your inner self, yes it's a cliched saying but it's all up to you in the end.
thedave1164
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Posted: 8/10/2012 2:42:19 PM
Originally Posted By jim:
Originally Posted By SS109:
Thanks. He is a coworker who wants to buy an AR from me and I know he has a card so I will just tell him I can't legally do it.

I also have coworkers with domestic violence charges wanting to buy my firearms. I just have to tell them if the gunshop can't sell to you, neither can I.


Knowingly selling to a prohibited person will get you some federal vacation time. This is why gray areas get confusing. You think or feel a potential buyer should not have a gun, walk away. On the other hand you deal with Mr. Squeaky clean and 2 weeks later read about him busted on an interstate child porn ring.
Trust your inner self, yes it's a cliched saying but it's all up to you in the end.


And SS109, you have chosen wisely

Don't ever feel obligated to go through with a FTF if you do not feel good about it. That said, don't back out on a deal because you decided you didn't ask enough or got a better offer after you agreed to the sale.....

Patriots are ordinary men who rise up to do extraordinary things in troubled times.

Pro-abortion is the radical idea that an innocent life is the only one worth taking.

Hatred is not an American value, Barry Soetero hates America
Timothy
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Posted: 8/18/2012 1:18:14 AM
Remember that (fortunate or not) background checks are not required by private sale/s in our colorful state.
thelastgunslinger
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Posted: 9/10/2012 6:59:04 AM
Originally Posted By mah827:
Does having a card show up during a CBI back ground check?


No.
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thelastgunslinger
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Posted: 9/10/2012 7:02:25 AM
IMO, the ATF opinion that having a card precludes a person from gun ownership is wrong, and wouldn't hold up in court if challenged. Form 4473 asks if you are a USER of illegal drugs. I personally know people who have their card, but don't use marijuana at all.
Strong people are harder to kill than weak people, and are more useful in general. - Mark Rippetoe

I'm not locked in here with you. You're locked in here with me.
jim
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Posted: 9/10/2012 5:43:15 PM
[Last Edit: 9/10/2012 5:53:39 PM by jim]
Originally Posted By thelastgunslinger:
IMO, the ATF opinion that having a card precludes a person from gun ownership is wrong, and wouldn't hold up in court if challenged. Form 4473 asks if you are a USER of illegal drugs. I personally know people who have their card, but don't use marijuana at all.


While i agree regarding having a card and or using the substance is not illegal,as per the state of CO, to the FEDS it is
Federal Law regarding firearms ownership AND knowingly filling out the 4473, the buyer commits purgery seeing how they lied on the form.
ONCE AGAIN. Having a MMJ Card does not show up on any CBI or FED BG check. It does show up when the ATF, OR other Agency inquires to the State of CO Marijuana Registry. The MMJ Registry IS NOT HIPPA Protected. You meeting with a doctor who writes a prescription is.
Whether they use, or not, having a current MMJ card IF the feds ask for updated info can & will land "your friend" in some possible trouble.
How they choose to deal with the issue is up to them. We are adults and each makes choices that they feel comfortable with.

As for a court challenge. Search info regarding CA and the Fed DOJ. ALL shops in CA are now falling under the scrutiny of the IRS. The feds having meet a stone wall

THE FOLLOWING DOES NOT REFLECT THE OPINIONS OF ARFCOM, AR-15.COM ,THE MODERATORS OF THE CO. HOMETOWN FORUMS OR ANY OTHER MODERATOR OF THIS SITE.



IMHO. The war on drugs or WOD for the under 50 crowd, is a loosing one. Had the .gov decriminalized mmj and reaped the benefits / windfall off the taxes on it they could impose, like Alcohol and Tobacco. There would be more room in prison for violent felons, and or those who should be put to death (upon a guilty verdict) .
The money spent to investigate and prosecute dope smokers is wasted and again could be put to better use.
on and on and on. YMMV.
thedave1164
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Posted: 9/11/2012 8:12:10 AM
Originally Posted By thelastgunslinger:
IMO, the ATF opinion that having a card precludes a person from gun ownership is wrong, and wouldn't hold up in court if challenged. Form 4473 asks if you are a USER of illegal drugs. I personally know people who have their card, but don't use marijuana at all.


This is your opinion, and not a legal or court rendered one.
Patriots are ordinary men who rise up to do extraordinary things in troubled times.

Pro-abortion is the radical idea that an innocent life is the only one worth taking.

Hatred is not an American value, Barry Soetero hates America
thelastgunslinger
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Posted: 9/11/2012 8:18:17 AM
Originally Posted By thedave1164:
Originally Posted By thelastgunslinger:
IMO, the ATF opinion that having a card precludes a person from gun ownership is wrong, and wouldn't hold up in court if challenged. Form 4473 asks if you are a USER of illegal drugs. I personally know people who have their card, but don't use marijuana at all.


This is your opinion, and not a legal or court rendered one.


Well I did state that it was my opinion. As far as I know it has not been through the courts, so it's all opinion at this point.
Strong people are harder to kill than weak people, and are more useful in general. - Mark Rippetoe

I'm not locked in here with you. You're locked in here with me.
jim
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Posted: 9/11/2012 9:52:31 AM
Originally Posted By thelastgunslinger:
Originally Posted By thedave1164:
Originally Posted By thelastgunslinger:
IMO, the ATF opinion that having a card precludes a person from gun ownership is wrong, and wouldn't hold up in court if challenged. Form 4473 asks if you are a USER of illegal drugs. I personally know people who have their card, but don't use marijuana at all.


This is your opinion, and not a legal or court rendered one.


Well I did state that it was my opinion. As far as I know it has not been through the courts, so it's all opinion at this point.


While it's an "opinion" A good attorney would have this plea bargained to avoid a Federal court case.
Good luck sitting 6-12 jurors who are not only gun friendly, but have a favorable attitude towards weed.
thelastgunslinger
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Posted: 9/11/2012 4:59:56 PM
[Last Edit: 9/11/2012 5:00:33 PM by thelastgunslinger]
Originally Posted By jim:
Originally Posted By mah827:
Do the Feds have access to the card holder info? I would assume no. I do understand the issue of answering the questions on the form and not admitting to being a drug user etc. But to be honest I'm sure there have been many people who cleared the back ground check and should not have if they answered the questions honestly.



Yes when requested, the state sends current info to feds. They do not have 24/7 access, only upon request.


Are you sure about this? The state won't just send the whole list of registered medical marijuana patients to the feds, so the feds would have to be inquiring about a specific registered card number. Unless you present the card to the feds, they don't have a medical marijuana registry number to make an inquiry on.
Strong people are harder to kill than weak people, and are more useful in general. - Mark Rippetoe

I'm not locked in here with you. You're locked in here with me.
thedave1164
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Posted: 9/11/2012 7:59:56 PM
Some posts are bordering on what I consider to be advice.

In no way should anyone consider any of this thread as sound advice.

I for one do not desire nor have the funds to be a test case.
Patriots are ordinary men who rise up to do extraordinary things in troubled times.

Pro-abortion is the radical idea that an innocent life is the only one worth taking.

Hatred is not an American value, Barry Soetero hates America
jim
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Posted: 9/11/2012 11:06:11 PM
Originally Posted By thelastgunslinger:
Originally Posted By jim:
Originally Posted By mah827:
Do the Feds have access to the card holder info? I would assume no. I do understand the issue of answering the questions on the form and not admitting to being a drug user etc. But to be honest I'm sure there have been many people who cleared the back ground check and should not have if they answered the questions honestly.



Yes when requested, the state sends current info to feds. They do not have 24/7 access, only upon request.


Are you sure about this? The state won't just send the whole list of registered medical marijuana patients to the feds, so the feds would have to be inquiring about a specific registered card number. Unless you present the card to the feds, they don't have a medical marijuana registry number to make an inquiry on.


Yes & yes. get with the program. When the feds have an inquiry they don't look for 1 thing, their net is cast wide and what ever is in the net they look at. You must not be to familiar with how LE agencys do things. Research MMJ in CO then cross reference it with the ATF's stand on MMJ card holders and firearm ownership. I am not going to hold you hand. As i said before i don't care what you or anyone else does regarding weed. You're an adult make a choice , be a man and stand by it. Your "doubts" and test case ramblings are nothing more than that.
Your internet paranoia is seeping through the keyboard.
Have any more questions regarding MMJ and gun ownership (RE:4473) spend the money on an attorney. Obviously you have some issues and or concerns regarding "your friend" better yet let them deal with it and put some distance between the both of you.
jim
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Posted: 9/11/2012 11:08:03 PM
Originally Posted By thedave1164:
Some posts are bordering on what I consider to be advice.

In no way should anyone consider any of this thread as sound advice.

I for one do not desire nor have the funds to be a test case.



I agree. if anything i posted might be construed as advice feel free to delete said post. As always an attorney gets paid to CYA, No one here is giving legal advice, i don't even play a lawyer on tv.
thelastgunslinger
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Posted: 9/11/2012 11:45:19 PM
Originally Posted By jim:
Originally Posted By thelastgunslinger:
Originally Posted By jim:
Originally Posted By mah827:
Do the Feds have access to the card holder info? I would assume no. I do understand the issue of answering the questions on the form and not admitting to being a drug user etc. But to be honest I'm sure there have been many people who cleared the back ground check and should not have if they answered the questions honestly.



Yes when requested, the state sends current info to feds. They do not have 24/7 access, only upon request.


Are you sure about this? The state won't just send the whole list of registered medical marijuana patients to the feds, so the feds would have to be inquiring about a specific registered card number. Unless you present the card to the feds, they don't have a medical marijuana registry number to make an inquiry on.


Yes & yes. get with the program. When the feds have an inquiry they don't look for 1 thing, their net is cast wide and what ever is in the net they look at. You must not be to familiar with how LE agencys do things. Research MMJ in CO then cross reference it with the ATF's stand on MMJ card holders and firearm ownership. I am not going to hold you hand. As i said before i don't care what you or anyone else does regarding weed. You're an adult make a choice , be a man and stand by it. Your "doubts" and test case ramblings are nothing more than that.
Your internet paranoia is seeping through the keyboard.
Have any more questions regarding MMJ and gun ownership (RE:4473) spend the money on an attorney. Obviously you have some issues and or concerns regarding "your friend" better yet let them deal with it and put some distance between the both of you.


I only referenced a friend to bring up the point that I am aware of a person who holds an MMJ card and doesn't smoke weed, who could thus truthfully answer a form 4473. This is a real person, not me. I'm not trying to hide who I am.

I am also quite aware of the ATF's stance on MMJ and and the form 4473. What I am questioning their ability to access the MMJ database, which is held in very strict confidence by the state. I have yet tosee any evidence that the ATF has any sort of access to the database. You certainly haven't posted any evidence.

I'm not sure what I have posted that has you so riled up, or makes you think I that I am paranoid (if anything I am advocating against paranoia on this subject), but if I were your doctor I would probably recommend some MMJ for you.

Strong people are harder to kill than weak people, and are more useful in general. - Mark Rippetoe

I'm not locked in here with you. You're locked in here with me.
jim
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Posted: 9/12/2012 12:01:02 PM
[Last Edit: 9/12/2012 12:08:29 PM by jim]
Originally Posted By thelastgunslinger:
Originally Posted By jim:
Originally Posted By thelastgunslinger:
Originally Posted By jim:
Originally Posted By mah827:
Do the Feds have access to the card holder info? I would assume no. I do understand the issue of answering the questions on the form and not admitting to being a drug user etc. But to be honest I'm sure there have been many people who cleared the back ground check and should not have if they answered the questions honestly.



Yes when requested, the state sends current info to feds. They do not have 24/7 access, only upon request.


Are you sure about this? The state won't just send the whole list of registered medical marijuana patients to the feds, so the feds would have to be inquiring about a specific registered card number. Unless you present the card to the feds, they don't have a medical marijuana registry number to make an inquiry on.


Yes & yes. get with the program. When the feds have an inquiry they don't look for 1 thing, their net is cast wide and what ever is in the net they look at. You must not be to familiar with how LE agencys do things. Research MMJ in CO then cross reference it with the ATF's stand on MMJ card holders and firearm ownership. I am not going to hold you hand. As i said before i don't care what you or anyone else does regarding weed. You're an adult make a choice , be a man and stand by it. Your "doubts" and test case ramblings are nothing more than that.
Your internet paranoia is seeping through the keyboard.
Have any more questions regarding MMJ and gun ownership (RE:4473) spend the money on an attorney. Obviously you have some issues and or concerns regarding "your friend" better yet let them deal with it and put some distance between the both of you.


I only referenced a friend to bring up the point that I am aware of a person who holds an MMJ card and doesn't smoke weed, who could thus truthfully answer a form 4473. This is a real person, not me. I'm not trying to hide who I am.

I am also quite aware of the ATF's stance on MMJ and and the form 4473. What I am questioning their ability to access the MMJ database, which is held in very strict confidence by the state. I have yet tosee any evidence that the ATF has any sort of access to the database. You certainly haven't posted any evidence.

I'm not sure what I have posted that has you so riled up, or makes you think I that I am paranoid (if anything I am advocating against paranoia on this subject), but if I were your doctor I would probably recommend some MMJ for you.




What has me riled up is you asking the same question over and over.
I am carrying concealed, if i do not have a CCW and no one sees it, i am still violating the law. Same for possession / registered MMJ card holder. They don't care one way or the other, have a card forfeit gun ownership. Need to make it any clearer??
Holding a MMJ card regardless of partaking in the substance is not permitted by the ATF.

Still confused call the ATF for your 'friend" and ask them to explain it to you. Call the Denver field office Voice (303) 575-7690 not DC. Dc is technical The field offices are where the enforcement guys work.
jim
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Posted: 9/13/2012 9:11:02 AM
http://www.washingtontimes.com/news/2012/sep/6/atfs-latest-gun-grab/


Thursday, September 6, 2012

The Obama administration is making it easier for bureaucrats to take away guns without offering the accused any realistic due process. In a final rule published last week, the Justice Department granted the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) authority to “seize and administratively forfeit property involved in controlled-substance abuses.” That means government can grab firearms and other property from someone who has never been convicted or even charged with any crime.

BUT BUT, I don't smoke it i only have the card. tell "your friend" GFL.
thelastgunslinger
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Posted: 9/15/2012 12:00:00 PM
[Last Edit: 9/15/2012 12:00:30 PM by thelastgunslinger]
Originally Posted By jim:
http://www.washingtontimes.com/news/2012/sep/6/atfs-latest-gun-grab/


Thursday, September 6, 2012

The Obama administration is making it easier for bureaucrats to take away guns without offering the accused any realistic due process. In a final rule published last week, the Justice Department granted the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) authority to “seize and administratively forfeit property involved in controlled-substance abuses.” That means government can grab firearms and other property from someone who has never been convicted or even charged with any crime.

BUT BUT, I don't smoke it i only have the card. tell "your friend" GFL.


I don't think that holding a MMJ card is going to constitute being "involved in controlled substance abuse", but we shall see.
Strong people are harder to kill than weak people, and are more useful in general. - Mark Rippetoe

I'm not locked in here with you. You're locked in here with me.
nobamaman19
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Posted: 9/15/2012 12:10:40 PM
only your lawyer, federal agents, and a jury can decide whether or not it is considered so....


I don't think that holding a MMJ card is going to constitute being "involved in controlled substance abuse", but we shall see.


thelastgunslinger
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Posted: 9/15/2012 12:27:38 PM
[Last Edit: 9/15/2012 12:28:16 PM by thelastgunslinger]
Originally Posted By nobamaman19:
only your lawyer, federal agents, and a jury can decide whether or not it is considered so....


I don't think that holding a MMJ card is going to constitute being "involved in controlled substance abuse", but we shall see.




agreed, but I don't think that it will.
Strong people are harder to kill than weak people, and are more useful in general. - Mark Rippetoe

I'm not locked in here with you. You're locked in here with me.
nobamaman19
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Posted: 9/15/2012 2:02:59 PM
my personal opinion is right there with you.. that being said it would be dealt with on a case by case situation. if you friend was previously arrested for drug use, or had some sort of record the cards would be stacked against him/her. it all depends really, i didn't even know that having a med card would not allow for gun ownership until reading this thread. its kind of shocking really.
i believe that its a constitutional right to use marijuana for medicine and it shouldn't infringe on your second amendment rights. But the federal government is vehemently opposed to marijuana so i doubt it will ever be changed, unless marijuana is completely legalized, which won't likely happen either
Originally Posted By thelastgunslinger:
Originally Posted By nobamaman19:
only your lawyer, federal agents, and a jury can decide whether or not it is considered so....


I don't think that holding a MMJ card is going to constitute being "involved in controlled substance abuse", but we shall see.




agreed, but I don't think that it will.


thelastgunslinger
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Posted: 9/15/2012 2:06:57 PM
Originally Posted By nobamaman19:
my personal opinion is right there with you.. that being said it would be dealt with on a case by case situation. if you friend was previously arrested for drug use, or had some sort of record the cards would be stacked against him/her. it all depends really, i didn't even know that having a med card would not allow for gun ownership until reading this thread. its kind of shocking really.
i believe that its a constitutional right to use marijuana for medicine and it shouldn't infringe on your second amendment rights. But the federal government is vehemently opposed to marijuana so i doubt it will ever be changed, unless marijuana is completely legalized, which won't likely happen either
Originally Posted By thelastgunslinger:
Originally Posted By nobamaman19:
only your lawyer, federal agents, and a jury can decide whether or not it is considered so....


I don't think that holding a MMJ card is going to constitute being "involved in controlled substance abuse", but we shall see.




agreed, but I don't think that it will.


It's just an ATF opinion that simply holding a MMJ card precludes a person from firearm ownership. It hasn't been through the courts.



Strong people are harder to kill than weak people, and are more useful in general. - Mark Rippetoe

I'm not locked in here with you. You're locked in here with me.
nobamaman19
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Posted: 9/15/2012 2:11:04 PM
[Last Edit: 9/15/2012 2:17:35 PM by nobamaman19]
hopefully they won't even bother to take it to the courts with anyone its a waste of their time and jail space.. and maybe colorado will end the marijuana prohibition this year. i think it would be a great way to add massive amounts of tax to the government and don't see why it hasn't been legalized already, i don't use marijuana but if it were to be legal like "jim" stated the jails would be less filled and we could concentrate on actual bad guys.. vote yes on prop 64
Originally Posted By thelastgunslinger:
Originally Posted By nobamaman19:
my personal opinion is right there with you.. that being said it would be dealt with on a case by case situation. if you friend was previously arrested for drug use, or had some sort of record the cards would be stacked against him/her. it all depends really, i didn't even know that having a med card would not allow for gun ownership until reading this thread. its kind of shocking really.
i believe that its a constitutional right to use marijuana for medicine and it shouldn't infringe on your second amendment rights. But the federal government is vehemently opposed to marijuana so i doubt it will ever be changed, unless marijuana is completely legalized, which won't likely happen either
Originally Posted By thelastgunslinger:
Originally Posted By nobamaman19:
only your lawyer, federal agents, and a jury can decide whether or not it is considered so....


I don't think that holding a MMJ card is going to constitute being "involved in controlled substance abuse", but we shall see.




agreed, but I don't think that it will.


It's just an ATF opinion that simply holding a MMJ card precludes a person from firearm ownership. It hasn't been through the courts.





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Posted: 9/22/2012 10:37:06 PM
Originally Posted By nobamaman19:
hopefully they won't even bother to take it to the courts with anyone its a waste of their time and jail space.. and maybe colorado will end the marijuana prohibition this year. i think it would be a great way to add massive amounts of tax to the government and don't see why it hasn't been legalized already, i don't use marijuana but if it were to be legal like "jim" stated the jails would be less filled and we could concentrate on actual bad guys.. vote yes on prop 64
Originally Posted By thelastgunslinger:
Originally Posted By nobamaman19:
my personal opinion is right there with you.. that being said it would be dealt with on a case by case situation. if you friend was previously arrested for drug use, or had some sort of record the cards would be stacked against him/her. it all depends really, i didn't even know that having a med card would not allow for gun ownership until reading this thread. its kind of shocking really.
i believe that its a constitutional right to use marijuana for medicine and it shouldn't infringe on your second amendment rights. But the federal government is vehemently opposed to marijuana so i doubt it will ever be changed, unless marijuana is completely legalized, which won't likely happen either
Originally Posted By thelastgunslinger:
Originally Posted By nobamaman19:
only your lawyer, federal agents, and a jury can decide whether or not it is considered so....


I don't think that holding a MMJ card is going to constitute being "involved in controlled substance abuse", but we shall see.




agreed, but I don't think that it will.


It's just an ATF opinion that simply holding a MMJ card precludes a person from firearm ownership. It hasn't been through the courts.








It will still be illegal to the feds. We can all look forward to lots of fed leo activity if it passes.

Strange times.
Originally Posted By FLAL1A:
"Pretty much the only thing that keeps me paying my taxes and not turning my house into a chickenshit particle board and stucco compound is the fact that the police occasionally kill douchebag criminals in comical ways.
Skip237
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Posted: 9/28/2012 2:26:34 PM
Just a heads up...

If you have pain issues and someone is trying to sell you on getting a MMJ card, don't.

You can actually get the active ingredient in MJ (THC) via prescription. No card. No gov records. Just a prescription from your doctor.

If anyone is having pain that bad, hopefully they have a Dr. who is working through various options anyway. My wife worked with such a Dr. for years and no, narcotics are not the only answer––often times they make matters worse.

That said, MMJ was a back-door to legalization and anyone with half a brain knew it. The numbers and demographics of card holders tell the story. It's non-issue except that people want it legalized and can't get support from the voters (because we're tired of paying their way as it is). End welfare/programs and it would legalized overnight.
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Posted: 10/27/2012 8:02:32 PM
Originally Posted By Skip237:
Just a heads up...

If you have pain issues and someone is trying to sell you on getting a MMJ card, don't.

You can actually get the active ingredient in MJ (THC) via prescription. No card. No gov records. Just a prescription from your doctor.

If anyone is having pain that bad, hopefully they have a Dr. who is working through various options anyway. My wife worked with such a Dr. for years and no, narcotics are not the only answer––often times they make matters worse.

That said, MMJ was a back-door to legalization and anyone with half a brain knew it. The numbers and demographics of card holders tell the story. It's non-issue except that people want it legalized and can't get support from the voters (because we're tired of paying their way as it is). End welfare/programs and it would legalized overnight.


Anecdotal evidence on my part, but I know about 1/2 dozen people with cards. All of them have jobs and take no govt./taxpayer assistance. At least one of them makes 6 figures and another owns a business. As my dad would say, 2 wrongs (forced wealth transfers and keeping pot illegal) don't make a right. It doesn't get legalized because people are control freaks. The control freak tendency is also exhibited with the gun control crowd, and those who support smoking bans in restaurants and bars.
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