Illinois’ new medical marijuana law is pretty strict (not unlike the new concealed carry law).
One little bugaboo: Those seeking a medical marijuana card would lose their rights to own or possess firearms in IL.
It’s all in the Chicago Tribune today:
Patients who want to qualify for medical marijuana in Illinois would have to be fingerprinted for a background check and pay $150 a year — and give up their right to own a gun, state officials proposed Tuesday.
The plan outlines how adults who have any of 41 specified medical conditions, such as cancer, AIDS or complex regional pain syndrome, may apply to get a patient registry identification card to purchase medical pot.
…
One new proposal states that a qualifying patient or caregiver may not possess a firearm, even if they have a state firearm owner’s identification card or concealed carry permit, and violators may be subject to sanctions by state police.
Todd Vandermyde, lobbyist for the National Rifle Association, said the NRA takes no position on the issue but that the rule seems to be an attempt to interpret federal law. A U.S. Department of Justice firearm application form asks if the buyer is “an unlawful user” of marijuana or other controlled substances.
Illinois regulations make clear that pot possession is still prohibited by federal law, and the state denies liability for damages arising from the program, including federal prosecution.
“It presents a novel legal conundrum,” Vandermyde said. “The courts are going to have to reconcile it.”
For people with legitimate medical conditions that can benefit from “herbal” relief as opposed to narcotics, this is a very bad choice to face.
Doubly so for caregivers who are merely transporting pot from a dispensary to the patient. Good luck enforcing that one.
Todd Vandermyde posted the following over at Capitol Fax:
Federal law asks if you are an unlawful user of a controlled substance – they still consider marijuana a controlled illegal substance.
Now Illinois has “legalized” it for some people. So there now becomes a conflict between three state laws. FOID/FCCL & MM law and the federal law on owning/possessing/carrying a gun.
I think the real problem is those care givers who have the card to transport, but not use and they lose their rights. They are put into the position of choosing a job or their rights.
In Oregon, the State Police did something similar. And revoked carry permits. It went to court and the State Supreme Court found in favor of the people with the MM cards and told the State Police their job was to implement the law not interpret it. If my memory serves me correctly.
The feds still view it as illegal no matter what. And now it appears the State Police are going to take the same view.
My biggest problem with the law is the background check. If it is for medical use, why should you have to pass a background check for medical treatment? If that’s the case all the people in prison should not have health care. Shouldn’t it be up to a doctor?
It makes no sense at all.
Background check to get medicine? Look, either we’re going to treat it as medication, or we should treat it as something to be “sin” taxed.
John
It isn’t about the “backround check”, it is about getting on a “list”, and of course, paying an exorbitant “fee” (tax?) for the “privelege” of being on the “list”.
Wonder why the “fee” is supposed to be the same as the “concealed carry” license “fee” to be included on their “list”.
Do you think medicare or medicade will pay for the “fee” to get on the “list” for “medical” marijuana?
My mistake on the “fee” (tax) at $150 per year it is 5 times the cost of a concealed carry license which is %150 for 5 years, ….so far, of course you have to “re-qualify” also at some expense.
This is the same state that will only recognize a 8-hours of the 40-hour law-enforcement firearms training for the new Concealed Carry law for retired cops who want to carry. Last I knew anyway.
Oy.
if the world made any sense leo would have to do the same 16 hours as the rest of the workers and pheasants or is that peasants
I see no reason for the King’s Men to have special privilages
That’s akin to the “we can’t let airline pilots have guns in the planes; that’d be too risky!” argument.
So me as an LEO having gone through 40 hrs. of training is a “special privilege”. I must have went through the wrong class.
with the joke that most ‘medical marajuana’ cards are I’m ok with this
small minded – maybe – but still right
So, if someone has a disease or medical condition that is relieved by the use of marijuana (medical or otherwise?) they have to “give up” their Constitutional Rights of self protection even though they have never been “violent” and have been a “law-abiding” citizen their lives through.
A sad state of affairs, dealing with the Marxist politboro in the Socialist State of ILL-annoy.
it is all going communist and all about the money and taking away guns
But how will they know! It’s not like you guys have a registry of (legal) gun owners to match against the proposed registry of MM users and transporters.
Oh.
Their “list” is your FOID card that says you are not “criminally inclined” and “allows” you to purchase firearms and ammo, they will be sure to cross-referance when you “apply” for a “medical” marijuana permit. And you thought your “medical records” were/are “confidential” between you and you physition, ha.