SDA, HB2612, and Medical Marijuana

[Hoov]

Where do people get their ideas? Is it that they hear what they want to hear? You can't have both. Let's play a game and see who wins. Rock, Scissors, ATF.

 

[TerryMiller]

So, OSBI cites federal law for use or possession of MJ with a CCW, but the State gives the bird to federal law for the use or possession of MJ, are CCW's federally regulated. Why does the OSBI enforce federal regulations when the State doesn't have too, will an OSBI agent arrest you (under federal regs) for possession and use of MJ?

For the most part, the OSBI has little in what is referred to as "original jurisdiction" over crimes. Those are crimes which the OSBI can investigate without a request from another law enforcement agency. (This is presuming that the legislature has NOT changed what original jurisdiction encompasses.) As such, it is very unlikely that an OSBI agent would arrest a marijuana user without a request from others.

For the most part, the OSBI investigates crimes at the request of either police departments or sheriff's offices due to those agencies not having the personnel qualified or knowledgeable enough to do the investigation for their own agency.

 

[4play]

For the most part, the OSBI has little in what is referred to as "original jurisdiction" over crimes. Those are crimes which the OSBI can investigate without a request from another law enforcement agency. (This is presuming that the legislature has NOT changed what original jurisdiction encompasses.) As such, it is very unlikely that an OSBI agent would arrest a marijuana user without a request from others.

For the most part, the OSBI investigates crimes at the request of either police departments or sheriff's offices due to those agencies not having the personnel qualified or knowledgeable enough to do the investigation for their own agency.

Thanks for the reply Terry, OSBI has the sole authority to issue licenses and from their website is this,

Title 18 USC § 922 (g) (3) federally prohibits anyone “who is an unlawful user of or addicted to any controlled substance” from firearms possession.”

According to a 2011 Open Letter to All Federal Firearms Licensees (FFL) written by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), “any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition.” The letter tells FFL’s, “if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have ‘reasonable cause to believe’ that the person is an unlawful user of a controlled substance.” Unless and until the federal government changes marijuana from the Schedule 1 Prohibited Category, possession and use of medical marijuana will make a person ineligible to possess firearms. OSBI will comply with federal law as it relates to the issuance of SDA handgun licenses

Marijuana is a schedule 1 controlled substance, just like heroin, cocaine and meth etc. The last sentence in the quote above says, "OSBI will comply with federal law as it relates to the issuance of SDA handgun licenses" Now it might be possible that they won't enforce federal laws and they are not compelled to, even though the above quote from their website states otherwise, but they definitely stand behind it before issuing the license. I guess after Nov 1st this subject might not matter much, unless certain people still want to have the license.