MMJ legality question

[rickm]

OK a question to the legal beagals out there?
Say i have/own guns in my house and i have ac problems and know that the tech that is coming to work on it uses mmj can i let him in to work with me or spouse present and still be legal or ask for a different tech?
This question was presented to me and i didnt feel i had the correct answer for it, so bringing it here to see if i could find a answer.

 

[CHenry]

Not an issue.

 

[cjjtulsa]

I'd be afraid that the ATF guy that constantly watches your house would figure it out and confiscate your stuff. Better to be on the safe side and get another tech, or just be hot until fall.

Nah - I'm with CHenry. Not an issue, and nothing I'd even concern myself with.

 

[Dave70968]

Shouldn't be an issue. Just don't give him the combination to the safe.

 

[Tanis143]

As long as he isn't smoking it in your house, there shouldn't be an issue IMO. You are not inviting him over to fondle and grope your collection, he is coming over to service your a/c.

 

[John6185]

If you know he smokes and you refuse to allow him in your house it could be considered discrimination once it's declared legal sot smoke MJ. Who knows?

 

[MacFromOK]

Hmmm...

Hopefully wouldn't happen, but what if a service guy turns out to be a convicted felon? And you have guns in an open rack or display case...

 

[Dave70968]

It's not a crime to have firearms in the same building as a felon; it's a crime to give him access to them, and there's a mens rea element ("knowingly") even to that.

 

[MacFromOK]

It's not a crime to have firearms in the same building as a felon; it's a crime to give him access to them, and there's a mens rea element ("knowingly") even to that.

Good to know, thanks.

 

[Dave70968]

Good to know, thanks.

Most* crimes have a mens rea ("guilty mind") element--it's fundamentally unfair to charge you with a crime that you didn't know you were committing.

Do note that the "guilty mind" element only requires that you know the nature of your actions, not that they're prohibited. As the maxim goes, "ignorance of the law is no defense."


* The most obvious crime I can think of that doesn't have a mens rea requirement is statutory rape. "She said she was 18" will still get you twenty, even if you checked her ID. Strict liability sucks, especially in criminal law.