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Mom Doesn't See That Essential Oils Don't Help me at All...

Judge said:
Maybe- maybe not. :confused:

Under the circumstances you should do a great deal of research on this before attempting to purchase a firearm. To my knowledge in order for Joshua's parents to purchase CBD oil requires them to obtain an MMJ (medical marijuana) card in accordance with South Carolina law.

However having such a card in your name may prevent you from even possessing a firearm under federal law based on the outcome of a decision appealed in Nevada (Wilson v. Lynch) and upheld up by the Ninth Circuit Court of Appeals:

"The case was filed by a woman denied a firearms purchase because the firearms dealer knew that she held a medical marijuana card.

https://www.cannalawblog.com/wilson...-guns-and-medical-marijuana-dont-legally-mix/

The 9th Circuit is notoriously unfriendly to gun rights, so it is not surprising that they issued the opinion they did, but coupled with the Drug Enforcement Administration's refusal last month to reclassify marijuana as a Schedule II drug, it is a devastating blow to Second Amendment rights and marijuana activists regardless."

"If you think that you can purchase firearms and then get an MMJ card and be in the clear, I wouldn't be so sure. The ATF is not known to err on the side of the individual in gray areas, and it has made it very clear in the above "Open Letter" that possession of both firearms and MMJ cards is going to be a problem.

All the ATF has to do is feed the list of MMJ cardholders into the NICS background check database, and the result will be a denial. "

9th Circuit Affirms Catch-22 for Gun Owners, MMJ Users

In the meantime there is legislation pending in the House of Representatives through the office of Rep. Thomas Massie (KY) to delete the question of marijuana use from the ATF form 4473 altogether. Of course like all pending legislation, there's no guarantee it will pass to the Senate or be signed into law by the president.

Lawmaker drafting bill to remove marijuana question from ATF gun form
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Whelp. Nevermind then.
 
Joshua Aaron said:
Whelp. Nevermind then.
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Hang in there. The one thing is that this is the sort of issue that may be reversed in the future. But for now state law giveth, and federal law may take it away. As always, with the devil being in the details.

If and when they do take that part out of ATF form 4473, it will become a matter of "don't ask, don't tell".

That's really the thing to look for first and foremost.
 
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Judge said:
Hang in there. The one thing is that this is the sort of issue that may be reversed in the future. But for now state law giveth, and federal law may take it away. As always, with the devil being in the details.

If and when they do take that part out of ATF form 4473, it will become a matter of "don't ask, don't tell".

That's really the thing to look for first and foremost.
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Yeah, true. Thanks. I hope it gets removed in the near future (not confident enough to say 'soon', I might actually jinx it if I do), too.
 
Fino said:
If this is what is being discussed, I believe it's marketed as a dietary supplement in the US and does not require a card. I've bought some without one, online.

If this isn't what you're talking about then I apologize.
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It's complicated. :eek:

What we were discussing was how relevant a purchase of CBD may be when later possessing or acquiring a firearm. Without having an MMJ card there wouldn't be any way for the ATF to cross-reference that an applicant is a medical user of any form of cannabis. Which is fine. Though whether or not the OP's parents have already sought to obtain an MMJ card is unknown. Under SC law it appears that they can pursue this in terms of his autism as a condition that legally applies. But in acquiring CBD it may not be legally necessary.

However under the present ATF form 4473, if one uses CBD oil, would they be lying if they chose to answer the question of using marijuana negatively, from the perspective of the federal government. Though presently I don't see the existing federal bureaucracy being able to contest such a thing. It all just strikes me as awkward and potentially precarious given the difference between a state and federal government over the use of cannabis. Where one's honesty on the state level might just get them into trouble on the federal level.

Hopefully in the near future this whole concern will be put to bed if the ATF is made to delete such questions altogether about marijuana use of any kind on form 4473. However for now it all appears uncertain regarding the possession or acquisition of a firearm.
 
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Judge said:
It's complicated. :eek:

What we were discussing was how relevant a purchase of CBD may be when later possessing or acquiring a firearm. Without having an MMJ card there wouldn't be any way for the ATF to cross-reference that an applicant is a medical user of any form of cannabis. Which is fine. Though whether or not the OP's parents have already sought to obtain an MMJ card is unknown. Under SC law it appears that they can pursue this in terms of his autism as a condition that legally applies. But in acquiring CBD it may not be legally necessary.

However under the present ATF form 4473, if one uses CBD oil, would they be lying if they chose to answer the question of using marijuana negatively, from the perspective of the federal government. Though presently I don't see the existing federal bureaucracy being able to contest such a thing. It all just strikes me as awkward and potentially precarious given the difference between a state and federal government over the use of cannabis. Where one's honesty on the state level might just get them into trouble on the federal level.

Hopefully in the near future this whole concern will be put to bed if the ATF is made to delete such questions altogether about marijuana use of any kind on form 4473. However for now it all appears uncertain regarding the possession or acquisition of a firearm.
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If I understand you correctly, a willingness to lie would solve the problem?
 
Fino said:
If I understand you correctly, a willingness to lie would solve the problem?
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That's a potential "solution", if one wants a firearm so badly they are willing to take such a risk, which potentially could backfire on them in a big way. In this day and age there's pressure on those bureaucrats to get it right the first time in vetting applicants for firearms purchases. Based mostly on recent mass murders where a diligent bureaucrat might have spotted a potential "problem" under federal law.

Yet it's all complicated by legal "grey" areas. The difference between how the federal government and judiciary pedantically views controlled substances versus so many state governments which no longer do so. Not to mention that if and when the ATF form one must fill out is revised to omit any mention of marijuana, the applicant may be off the hook altogether. A move being worked on based on so much legal and political ire at the state level.

Time may ultimately be the optimal solution. To just wait until the federal government comes to some compromise with so many state governments which are legalizing pot altogether. If there is no longer any mention of marijuana use on the ATF form 4473, it all may become a moot point.

It's a classic, yet negative example of the federal government being reticent to be on the same page as state government over what may be deemed a "controlled substance". Makes my head spin...and all seems so unnecessary at this point. Government administrators who so many years later still haven't learned from the Volstead Act of 1919. :rolleyes:
 
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Eh, just order the CBD, take it for now, don't say anything to anyone, and when you turn 18 quit it for a month or so, drink plenty of cranberry juice if you need to pass a urine test. Nothing will show. You won't get in trouble with the law for ordering something like Charlotte's Web online. You can get it in a capsule form. It's not drugs, and nobody, I repeat, nobody will care. I take it, and my psychiatrist had no problem with me doing so, even though I technically don't qualify for GA's stupid "medical marijuana" law.
 
MonolithImmortal said:
Eh, just order the CBD, take it for now, don't say anything to anyone, and when you turn 18 quit it for a month or so, drink plenty of cranberry juice if you need to pass a urine test. Nothing will show. You won't get in trouble with the law for ordering something like Charlotte's Web online. You can get it in a capsule form. It's not drugs, and nobody, I repeat, nobody will care. I take it, and my psychiatrist had no problem with me doing so, even though I technically don't qualify for GA's stupid "medical marijuana" law.
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Oh, okay. I will think I'll ask my mom to order me some, though. Even then, nobody but my family and closest friends will know that I use it.

Except I'll have to make it extremely clear to my bestie, Nate, about keeping it a secret. He is also an Aspie, and he sometimes has the tendency to overshare. I'll just nudge him gently when he is sitting/standing close to me whenever I hear him say, "Josh does" or "Josh uses" or "Josh takes." He is a handful sometimes.
 
Joshua Aaron said:
Oh, okay. I will think I'll ask my mom to order me some, though. Even then, nobody but my family and closest friends will know that I use it.
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Might be best for yourself to share this with no one beyond your immediate family.
Though with time and social change, it may no longer eventually matter.

It shouldn't be so legally complicated, but it is for now.
 
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