For those of you who don't know:


If you are a participant in the State of Hawai'i's medical marijuana program, you are disqualified for violating federal law, and subject to the regulations dictated in HRS 134-7.3

Even if you voluntarily withdraw from the program, you are still disqualified and subject to the regulations dictated in HRS 134-7.3 for (1) year from the time the card is expired/voided.


According to federal law, ANY use of marijuana, be it recreational and/or medical, is illegal; even in states that have a state level program.

Can anyone explain to me how the state (and essentially HPD firearms) can ignore federal law in order to allow the existence and function of a medical marijuana program, yet use the exact same law they are ignoring to disqualify people from owning firearms?

State and local police can not enforce any federal laws. The same is mutual for federal officers to enforce Local laws.

The HPD cannot enforce fegeral laws such as 922(r) violations . Only the ATF has jurisdiction over such matters.
Also Illegal Alein are not under the HPD thus only INS can handle those cases.

State and local police can not enforce any federal laws. The same is mutual for federal officers to enforce Local laws.

The HPD cannot enforce fegeral laws such as 922(r) violations . Only the ATF has jurisdiction over such matters.
Also Illegal Alein are not under the HPD thus only INS can handle those cases.

HPD supposedly used this law to confiscate firearms from a medical marijuana participant, and confirmed yesterday that participation in the program is grounds for subjection to HRS 134-7.3

Sounds to me like they are in the business of using federal to forward some sort of agenda.

HPD does have jurisdiction , and followed it to the T.





134-7


     (1)  Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug, .......

So say for example if somebody has chronic pain and gets a prescription for oxycodone, are they disqualified?  Seems to me like legally using marijuana for a medical condition wouldn't constitute "addiction to, abuse of, or dependence on..."

  Seems to me like legally using marijuana ...

You cannot legally use marijuana in the US.  It is against federal law.  The state can make all the rules they want, and enforce them (or not) as they see fit, but at the end of the day, the boys from ATF can bust into your living room and take you to prison because you are breaking the law. 

and confirmed yesterday that participation in the program is grounds for subjection to HRS 134-7.3

What bothers me about this is that there's no testing, no proof.  Imagine, for a moment, you were in terrible pain, and had been for a long time.  You went to your doctor, who said "I have just the treatment plan for you.  Here, take this card."  POOF!  You are now ineligible to own firearms, and HPD can come take them.

Even though you never bought, possessed, smoked, or sold marijuana.  Just because of a piece of paper, one prescribed to you by a medical professional!

For those of you who don't know:


If you are a participant in the State of Hawai'i's medical marijuana program, you are disqualified for violating federal law, and subject to the regulations dictated in HRS 134-7.3

Even if you voluntarily withdraw from the program, you are still disqualified and subject to the regulations dictated in HRS 134-7.3 for (1) year from the time the card is expired/voided.


According to federal law, ANY use of marijuana, be it recreational and/or medical, is illegal; even in states that have a state level program.

Can anyone explain to me how the state (and essentially HPD firearms) can ignore federal law in order to allow the existence and function of a medical marijuana program, yet use the exact same law they are ignoring to disqualify people from owning firearms?

What bothers me about this is that there's no testing, no proof.  Imagine, for a moment, you were in terrible pain, and had been for a long time.  You went to your doctor, who said "I have just the treatment plan for you.  Here, take this card."  POOF!  You are now ineligible to own firearms, and HPD can come take them.

Even though you never bought, possessed, smoked, or sold marijuana.  Just because of a piece of paper, one prescribed to you by a medical professional!

It's bureaucratic MAGIC!! 

You cannot legally use marijuana in the US.  It is against federal law.  The state can make all the rules they want, and enforce them (or not) as they see fit, but at the end of the day, the boys from ATF can bust into your living room and take you to prison because you are breaking the law.

ATF, or DEA??

ATF, or DEA??

Both.

And ATF has been charging medical marijuana patients as traffickers with firearms, which can get you 20 to life if convicted.

So say for example if somebody has chronic pain and gets a prescription for oxycodone, are they disqualified?  Seems to me like legally using marijuana for a medical condition wouldn't constitute "addiction to, abuse of, or dependence on..."

Because people are using marijuana to treat their conditions, they are technically dependant on it.

This gets more and more bizarre the more you dig into the wording...


According to Hawaii Revised Statute 329-121 (the law that outlines the medical marijuana program), medical marijuana is classified exactly the same as marijuana outlined in 329-1.

Within HRS 329-1, marijuana is defined, but doesn't provide any real info worth reading, other that what the state constitutes as 'marijuana'

However, if you fast forward to HRS 329-14, Marijuana is classified as a Schedule I substance under section D of said statute.

Back track to HRS 329-13, and a Schedule I substance is classified as "a substance the highest degree of danger or probable danger", as determined by the State Department of Public Safety.


And on a federal level, a Schedule I substance as drugs, substances, or chemicals with no currently accepted medical use and a high potential for abuse.



So the State has a program in place to prescribe a substance which they determine to be medically beneficial, yet also defines the same substance has the highest degree of danger or probable danger?

Better  still, it does not state when and where one can use medical marijuana, which means one can essentially use medical marijuana and do anything, so long as it is not in a prohibited location, in accordance with HRS 329-122.

How can one be able to do essentially anything while using marijuana (i.e. drive a car, operate machinery/power tools, etc) and be protected by the law, yet are disqualified from owning firearms?



In HRS 329-122 subsection (c)1, it states the authorization for the medical use of marijuana in this section shall not apply to the medical use of marijuana that endangers the health or well-being of another person. This I can agree with, but doesn't that apply to all intoxicating substances, to include alcohol? It's pretty common sense that you shouldn't operate firearms when drunk or under the influence of prescription medications that make you feel funny but don't have a label on the bottle, but they don't disqualify you from actually owning firearms.

If that's the case, what is the justification for confiscating firearms?



This shit is bonkers. 

All of this really proves what the actual aim of the "War on Drugs" is about; Control.

Since its institution in the 70's what has it really accomplished? As far as its stated aim, nothing. More so called "illegal" drugs get into the country than ever before. As with prohibition, a black market has been established and is run by violent thugs. The same percentage of the population is doing drugs as before. The same percentage of that population become addicts and ruin their lives.

What has been accomplished?

The government is now able to separate us from our freedoms, property and rights, under the guise of "Doing Good". A militarized police force, equipped with "Special Powers" to abrogate our Constitutional rights without consequence.

All to protect you and I from, a plant.

This gets more and more bizarre the more you dig into the wording...


According to Hawaii Revised Statute 329-121 (the law that outlines the medical marijuana program), medical marijuana is classified exactly the same as marijuana outlined in 329-1.

Within HRS 329-1, marijuana is defined, but doesn't provide any real info worth reading, other that what the state constitutes as 'marijuana'

However, if you fast forward to HRS 329-14, Marijuana is classified as a Schedule I substance under section D of said statute.

Back track to HRS 329-13, and a Schedule I substance is classified as "a substance the highest degree of danger or probable danger", as determined by the State Department of Public Safety.


And on a federal level, a Schedule I substance as drugs, substances, or chemicals with no currently accepted medical use and a high potential for abuse.



So the State has a program in place to prescribe a substance which they determine to be medically beneficial, yet also defines the same substance has the highest degree of danger or probable danger?

Better  still, it does not state when and where one can use medical marijuana, which means one can essentially use medical marijuana and do anything, so long as it is not in a prohibited location, in accordance with HRS 329-122.

How can one be able to do essentially anything while using marijuana (i.e. drive a car, operate machinery/power tools, etc) and be protected by the law, yet are disqualified from owning firearms?



In HRS 329-122 subsection (c)1, it states the authorization for the medical use of marijuana in this section shall not apply to the medical use of marijuana that endangers the health or well-being of another person. This I can agree with, but doesn't that apply to all intoxicating substances, to include alcohol? It's pretty common sense that you shouldn't operate firearms when drunk or under the influence of prescription medications that make you feel funny but don't have a label on the bottle, but they don't disqualify you from actually owning firearms.

If that's the case, what is the justification for confiscating firearms?



This shit is bonkers. 

The state does not make the classifications of drugs (i.e. Schedule 1 or 2, etc.) the Feds do under the controlled substances act. Heroin and marijuana are schedule 1 items. This is despite volumes of peer-reviewed studies showing demonstrable positive impact on many different disease states, and at least 1 drug currently available by prescription that uses THC. This continued listing as a Schedule 1 drug shows a clear desire to keep marijuana as schedule one for political reasons. Furthermore, should the Republicans gain the reigns of leadership, they will almost certainly continue the "war on drugs" which will inevitably include keeping marijuana on the current schedule level.

If marijuana were moved to schedule 2, like morphine, the impact of using it (as a legally prescribed drug) in regards to firearms ownership would theoretically disappear. But, I don't see that happening anytime soon.

On Maui...

For my latest permit(s) to acquire, September of 2015 the records division had an additional form to sign acknowledging that the applicant has read and understands that you can not possess/use med m and own firearms.

I am personally not in favor of the drug so it was an easy signature to make. But I just wanted to compare and see if HPD is bringing it to the attention of applicants like they are on Maui.

My biggest wish is for the "may issue" be changed to "shall issue". It's the sole reason I keep checking into the forum often looking for news and updates. This thread caught my eye though so I thought I'd mention the change in paperwork in my county.

Yep, Honolulu's had that form for a while.

Yep, Honolulu's had that form for a while.

But they haven't been issuing it.

I had several people who were first time applicants and renewals, and none of them saw the form last year. In fact, the last time I saw that form was probably 2013.

When I went to reapply, they knew my situation and made me fill out that form. What they need to do is inform people that just because it's legal on state level, it is not legal federally, which is what disqualifies people.