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The Water Cooler
General Discussion
CC Card vs Med Marijuana Card
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<blockquote data-quote="Capm_Spaulding" data-source="post: 3872329" data-attributes="member: 17977"><p>Oh boy.. Saddle up for this one, you’re going to get a lot of opinions and not a lot of facts. This is a federal vs state issue that only you can decide if it’s worth it or not.</p><p></p><p>The facts however, are that you can literally get both cards legally. Getting and carrying a med card does not mean you are carrying or using marijuana, nor does it mean you ever have. Just like a ccl does not mean you are carrying or using a firearm, nor does it mean you ever have. It simply means you are allowed by that governing body to do so. So yes, you can get both cards legally. However, that’s about where they black and white of it ends.</p><p></p><p>OMMA is the reporting agency that issues med cards, they are a state health department. They do not share their information with NICS, OSBI, ATF, or any other governing agency.</p><p></p><p>The issue with all of this comes more so down to actual cannabis usage and possession than having the card in your possession. There are also complications when it comes to owning and purchasing firearms. Marijuana is still currently illegal on a federal level. According to the ATF, currently, a user of marijuana is not eligible to own or purchase a firearm. So keep this in mind especially if you plan on purchasing new firearms as it is a felony to lie on the 4473 form.</p><p>[URL unfurl="true"]https://www.atf.gov/file/60211/download[/URL]</p><p></p><p>This is despite Oklahoma passing the unity bill in 2019 that states using medical marijuana does not exclude you from your right to keep and bear arms, nor does it prevent you from purchasing new firearms. So is owning, purchasing, and possessing firearms and cannabis legal on a state level? In Oklahoma yes. However, is this legal on a federal level? No. Nor is actually possessing cannabis period. On a federal level, that med card means diddly squat. <a href="http://www.oklegislature.gov/BillInfo.aspx?Bill=hb2612&Session=1900" target="_blank">Bill Information</a></p><p></p><p>Keep in mind as well, that if you answer questions legally, you will be denied a CCL if you are a user of cannabis. Not denied based on simply having a med card, but by actually using the med card. <a href="https://osbi.ok.gov/sites/g/files/gmc476/f/documents/SDA_and_Medical_Marijuana.pdf" target="_blank">https://osbi.ok.gov/sites/g/files/gmc476/f/documents/SDA_and_Medical_Marijuana.pdf</a></p><p></p><p>Also keep in mind, that Oklahoma is a permit-less carry state now.</p><p></p><p>Opinion time. What this all means is that no state law enforcement agency can, to my knowledge, do a damn thing about you having cannabis and a firearm in your possession so long as you are not actively using the cannabis with the firearm on your person if you have a med card. It would be treated the same as alcohol. If it’s being consumed while carrying, you have issues, otherwise, you should not, and again, only on a state level.</p><p></p><p>As of now, the only people who would know if you possess both cards are the people you personally tell. These are the only people who would also know if you’ve ever used your med card. Again, having the ability to do something does not mean you have exercised your ability to do it and unless you have both in your possession at once, nobody should be able to prove otherwise.</p><p></p><p>It may be a smart idea to purchase cannabis when not carrying a firearm if you are afraid of federal consequences. It may also be a smart idea to ONLY carry your Med card when you are out to actively buy your medication in the event you had to utilize your firearm in a self defense situation as a savvy DA may use that against you if found in your possession in the aftermath of an event involving self defense.</p><p></p><p>However, this is not legal advice, and I am not implying that you should break any federal law. I am also not implying that you should lie on a 4473 form, nor am I implying you should use cannabis period, as it is illegal on a federal level currently.</p><p></p><p>Also keep in mind that anybody who you’ve told about having a med card or cannabis that knows you possess firearms could report this information to a federal agency. Whether or not anything comes from that is another story, but nothing is without risk.</p></blockquote><p></p>
[QUOTE="Capm_Spaulding, post: 3872329, member: 17977"] Oh boy.. Saddle up for this one, you’re going to get a lot of opinions and not a lot of facts. This is a federal vs state issue that only you can decide if it’s worth it or not. The facts however, are that you can literally get both cards legally. Getting and carrying a med card does not mean you are carrying or using marijuana, nor does it mean you ever have. Just like a ccl does not mean you are carrying or using a firearm, nor does it mean you ever have. It simply means you are allowed by that governing body to do so. So yes, you can get both cards legally. However, that’s about where they black and white of it ends. OMMA is the reporting agency that issues med cards, they are a state health department. They do not share their information with NICS, OSBI, ATF, or any other governing agency. The issue with all of this comes more so down to actual cannabis usage and possession than having the card in your possession. There are also complications when it comes to owning and purchasing firearms. Marijuana is still currently illegal on a federal level. According to the ATF, currently, a user of marijuana is not eligible to own or purchase a firearm. So keep this in mind especially if you plan on purchasing new firearms as it is a felony to lie on the 4473 form. [URL unfurl="true"]https://www.atf.gov/file/60211/download[/URL] This is despite Oklahoma passing the unity bill in 2019 that states using medical marijuana does not exclude you from your right to keep and bear arms, nor does it prevent you from purchasing new firearms. So is owning, purchasing, and possessing firearms and cannabis legal on a state level? In Oklahoma yes. However, is this legal on a federal level? No. Nor is actually possessing cannabis period. On a federal level, that med card means diddly squat. [URL='http://www.oklegislature.gov/BillInfo.aspx?Bill=hb2612&Session=1900']Bill Information[/URL] Keep in mind as well, that if you answer questions legally, you will be denied a CCL if you are a user of cannabis. Not denied based on simply having a med card, but by actually using the med card. [URL]https://osbi.ok.gov/sites/g/files/gmc476/f/documents/SDA_and_Medical_Marijuana.pdf[/URL] Also keep in mind, that Oklahoma is a permit-less carry state now. Opinion time. What this all means is that no state law enforcement agency can, to my knowledge, do a damn thing about you having cannabis and a firearm in your possession so long as you are not actively using the cannabis with the firearm on your person if you have a med card. It would be treated the same as alcohol. If it’s being consumed while carrying, you have issues, otherwise, you should not, and again, only on a state level. As of now, the only people who would know if you possess both cards are the people you personally tell. These are the only people who would also know if you’ve ever used your med card. Again, having the ability to do something does not mean you have exercised your ability to do it and unless you have both in your possession at once, nobody should be able to prove otherwise. It may be a smart idea to purchase cannabis when not carrying a firearm if you are afraid of federal consequences. It may also be a smart idea to ONLY carry your Med card when you are out to actively buy your medication in the event you had to utilize your firearm in a self defense situation as a savvy DA may use that against you if found in your possession in the aftermath of an event involving self defense. However, this is not legal advice, and I am not implying that you should break any federal law. I am also not implying that you should lie on a 4473 form, nor am I implying you should use cannabis period, as it is illegal on a federal level currently. Also keep in mind that anybody who you’ve told about having a med card or cannabis that knows you possess firearms could report this information to a federal agency. Whether or not anything comes from that is another story, but nothing is without risk. [/QUOTE]
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