420 friendly turkey hunting partner

[h20hunter]

Thanks....I'm more of a beer and whiskey guy but I find the conversation very interesting.

[Knocker of rocks]

I thought this was a joke.  Are we talking hunting with a firearm here?  Then you should realize that smoking marijuana makes you a prohibited person under the GCA 68

As are individuals who are prescribed most sleep aids such as Ambian, antidepressants, mood medication and those that drink four beers every night.

Because all those individuals are addicts

If we are talking abuse of prescription meds, perhaps. As a general proposition, however, this is wrong.

I stand by my analysis:

Interesting.  April 2012 version of 4473 asks:

"Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"

I have not seen one subsequent to that version.

After first hand witnessing others close to me, people who are prescribed sleep aids and antidepressants are fully addicted to depressant and stimulant drugs, often simultaneously. 

We don't worry about these individuals owning guns ( but maybe we should after Newtown, Gabby Gifford, etc etc etc), but are in a tizzy about the legality of a gun owner who may light up a doobie after a hard day at ATC.

[Bob33]

Tex.....do you have a feeling how things would go if a warden came into camp to check licenses....say all is fine, no infractions, yet I'm enjoying a hand rolled bit of mary jane. Currently I would expect that I'm not worth the wardens time for that alone. Obviously not trying to pin you down to a blanket statement.....more a gut feeling on how you think that would go.

If it is WDFW they cannot do anything, you are not breaking state law (as long as you are 21). If it is a federal officer, such as a US Forest Service Officer they would cite you.

Interesting thing to know is that in California it is against state law to possess marijuana on federal land, there is no such law in WA.

 What would a federal officer cite you for that a WDFW officer could not?

[bigtex]

Tex.....do you have a feeling how things would go if a warden came into camp to check licenses....say all is fine, no infractions, yet I'm enjoying a hand rolled bit of mary jane. Currently I would expect that I'm not worth the wardens time for that alone. Obviously not trying to pin you down to a blanket statement.....more a gut feeling on how you think that would go.

If it is WDFW they cannot do anything, you are not breaking state law (as long as you are 21). If it is a federal officer, such as a US Forest Service Officer they would cite you.

Interesting thing to know is that in California it is against state law to possess marijuana on federal land, there is no such law in WA.

 What would a federal officer cite you for that a WDFW officer could not?

Possession of marijuana on federal land. WDFW Officers (or any state/local officer) cannot cite for that offense.

[Knocker of rocks]

What would a federal officer cite you for that a WDFW officer could not?

Bogarting

[Knocker of rocks]

"Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"

Another thread, where the dangers of legal addiction to anti-depressants and stimulants is explored.  In this case, where possession of firearms is also prohibited, there is little talk of enforcing the law.  As Wapitihunter(deux) so clearly demonstrates, there is ample reason to believe the the law should in fact be enforced.

http://hunting-washington.com/smf/index.php/topic,117739.msg1552005.html#msg1552005

[bearpaw]

Bigtex thanks for clarifying so people understand how this issue could play out. 

[BOWHUNTER45]

So what you guys are telling me is that if someone has a Smoke Card and your on national forest land taking a puff and the federal dudes show up can get cited for possession ? But  any local warden or police officer can not !  no wonder some of my buddies drive around stoned  Do not worry BH45 does not touch the sheeet but maybe I should since these smokers are always so layed back  no worries in the world !

[bigtex]

So what you guys are telling me is that if someone has a Smoke Card and your on national forest land taking a puff and the federal dudes show up can get cited for possession ? But  any local warden or police officer can not

Correct

[bearpaw]

no doubt it will get tested in WA or CO.... maybe CA 

[Fl0und3rz]

I thought this was a joke.  Are we talking hunting with a firearm here?  Then you should realize that smoking marijuana makes you a prohibited person under the GCA 68

As are individuals who are prescribed most sleep aids such as Ambian, antidepressants, mood medication and those that drink four beers every night.

Because all those individuals are addicts

If we are talking abuse of prescription meds, perhaps. As a general proposition, however, this is wrong.

I stand by my analysis:

Interesting.  April 2012 version of 4473 asks:

"Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"

I have not seen one subsequent to that version.

After first hand witnessing others close to me, people who are prescribed sleep aids and antidepressants are fully addicted to depressant and stimulant drugs, often simultaneously. 

We don't worry about these individuals owning guns ( but maybe we should after Newtown, Gabby Gifford, etc etc etc), but are in a tizzy about the legality of a gun owner who may light up a doobie after a hard day at ATC.

Your analysis is flawed. A simple user of prescription meds is not necessarily addicted or unlawful. Thus, a blanket statement that a user of such meds is an addict, and as a cosequence, is a prohibited person is wrong.  However, a simple MJ user is is an unlawful user and is a prohibited person, according to federal law, regardless of being an addict. And a med MJ card holder is also prohibited according to BATFE.

Edited to add that prescription meds and their abuses or addiction is OT to the OP. I'll agree that such addicts and abusers or unlawful users of prescription meds should have scrutiny, but that is a separate topic. Simple MJ use including med MJ use (as opposed to addiction) is specifically called out in GCA68 and BATFE interpretations, and because of that, people should be aware. 

[Fl0und3rz]

no doubt it will get tested in WA or CO.... maybe CA 

After a quick glance on the internet, some say the feds lost such a test, at least as regards med MJ, in OR. That's all I got, other than to say that such cases, if they exist, may be highly fact specific and/or inapplicable to many conceivable scenarios.

[bobcat]

Fl0und3rz,  I interpret it differently than you.

It says "an unlawful user of marijuana."

Well, if you're using it in Washington, and you're over 21, you are NOT an unlawful user.

[dscubame]

What would a federal officer cite you for that a WDFW officer could not?

Bogarting

 

[Bob33]

Fl0und3rz,  I interpret it differently than you.

It says "an unlawful user of marijuana."

Well, if you're using it in Washington, and you're over 21, you are NOT an unlawful user.

According to federal law, marijuana is not legal and therein lies the issue.