So you’re a patient, caregiver or state licensed marijuana dealer and want to get a firearm and perhaps a CPL to protect yourself, your livelihood and your family in a state licensed business targeted by thieves and just generally out in the cold cruel world these days. Not if you use or posses marijuana.

The Cannabis Regulatory Agency says…

Can I hold a CPL license and a marijuana state operating license?

There are no restrictions in the MMFLA that prevent a concealed pistol license (CPL) holder from obtaining a medical marijuana state operating license.

Can a Patient, Caregiver, Consumer who uses cannabis possess or carry a firearm?

If a medical marijuana patient or anyone is a user of cannabis they can get a permit to carry a concealed pistol (CPL), but they’re in violation of federal law by being in possession (even if not concealed) of a firearm.

The Feds say

ATF: MEDICAL MARIJUANA

Federal law prohibits medical marijuana users from possessing or buying firearms and ammunition — even if state law allows the drug’s use.

Under federal law, any marijuana user is an unlawful user of a controlled substance. The 9th Circuit Court of Appeals has upheld this rule.

Marijuana in any form is illegal under federal law. Users of marijuana are prohibited persons. Checking ‘no’ on question 11(e) on the Form 4473 would be a lie if you use marijuana, which is a federal offense. See this ATF letter on the topic.

Source: https://www.atf.gov/firearms/identify-prohibited-persons

The Second Amendment does not protect the rights of unlawful drug users to bear arms

ATF Background Check Questions 21.d.

Questions 21.d. – 21.n. Prohibited Persons: Generally, 18 U.S.C. § 922(g)
prohibits the shipment, transportation, receipt, or possession in or affecting interstate
commerce of a firearm by one who: has been convicted of a felony in any Federal,
including a general court-martial, State or local court, or any other crime, punishable
by imprisonment for a term exceeding one year; is a fugitive from justice; is an
unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic
drug, or any other controlled substance; has been adjudicated as a mental defective
or has been committed to a mental institution; has been discharged from the Armed
Forces under dishonorable conditions; is subject to certain restraining orders;
convicted of a misdemeanor crime of domestic violence under Federal, including a
general court-martial, State or Tribal law; has renounced his/her U.S. citizenship; is
an alien illegally in the United States or an alien admitted to the United States under
a nonimmigrant visa. Furthermore, 18 U.S.C. § 922(n) prohibits the shipment,
transportation, or receipt in or affecting interstate commerce of a firearm by one who
is under indictment or information for a felony in any Federal, including a general
court-martial, State or local court, or any other crime, punishable by imprisonment
for a term exceeding one year. An information is a formal accusation of a crime
verified by a prosecutor.

So if you’re not a politician’s family member – Think twice – Because it just becomes additional mandatory sentence charges to be leveraged against you in your prosecution.

https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/download

An individual shall not carry a concealed pistol or portable device that uses electro-muscular disruption (EMD) technology while under the influence of alcoholic liquor or a controlled substance or while having a bodily alcohol content of .02 BAC or above.
Acceptance of a Michigan Concealed Pistol License (CPL) constitutes implied consent to submit to a chemical test to detect use of alcoholic liquor or a controlled substance.
A police officer who has probable cause to believe an individual is carrying a concealed pistol or EMD device while under the influence of alcoholic liquor or a controlled substance or while having an unlawful bodily alcohol content may require the individual to submit to a chemical analysis of his or her breath, blood, or urine.
An individual carrying a concealed pistol or EMD device with a prohibited BAC is subject to immediate seizure of his or her pistol and the following penalties:

BAC of .02 – .07 = State civil infraction, $100 fine, and 1-year CPL suspension.
BAC of .08 – .09 = 93-day misdemeanor, $100 fine, and 3-year CPL suspension.
BAC of .10 or more, or under the influence of alcoholic liquor or a controlled substance = 93-day misdemeanor, $100 fine, and CPL revocation.

An individual who has an unlawful bodily alcohol content may do the following:

Transport a pistol in the locked trunk of a motor vehicle or, if the vehicle does not have a trunk, transport the pistol unloaded in a locked compartment or container that is separated from the ammunition for that pistol.
Transport a pistol on a vessel if the pistol is transported unloaded in a locked compartment or container that is separated from the ammunition for that pistol.
Transport an EMD device in the locked trunk of a motor vehicle or, if the vehicle does not have a trunk, transport the EMD device in a locked compartment or container.
Transport an EMD device on a vessel if the EMD device is transported in a locked compartment or container.

FIRST RULE: DON’T DRINK AND DRIVE

Any questions or thinking of getting into the business
Consult an attorney who helped shape legalization and knows the laws inside and out.

Komorn Law – Google it

Komorn Law-Legal Defense-DUI-OUI-Michigans Best — Komorn Law-Legal Defense-DUI-OUI-Michigan’s Best

Convicted of a Misdemeanor?

Have not been convicted of a misdemeanor violation of any of the following in the eight years immediately preceding the date of the application and a charge for a misdemeanor violation of any of the following is not pending against the applicant in this state or elsewhere at the time he or she applies for a CPL:

MCL 257.617a, failing to stop when involved in a personal injury accident.
MCL 257.625, operating while intoxicated or with any presence of a Schedule 1 controlled substance or cocaine, punishable as a second offense under, MCL 257.625(9)(b).
MCL 257.625m, operating a commercial motor vehicle with alcohol content, punishable as a second offense under MCL 257.625m(4).
MCL 257.626, reckless driving.
MCL 257.904(1), operating while license suspended/revoked/denied or never applied for a license, punishable as a second or subsequent offense.
MCL 259.185, operating an aircraft while under the influence of intoxicating liquor or a controlled substance with prior conviction.
MCL 290.629, hindering or obstructing certain persons performing official weights and measures duties.
MCL 290.650, hindering, obstructing, assaulting, or committing bodily injury upon director of the Department of Agriculture or authorized representative of the director.
MCL 324.80176, operating a vessel under the influence of intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, punishable as a second or subsequent offense under MCL 324.80177(1)(b).
MCL 324.81134, operating an off-road vehicle (ORV) under the influence of alcoholic liquor or a controlled substance or with an unlawful alcohol content, punishable as a second or subsequent offense under MCL 324.81134(8)(b).
MCL 324.82127, operating a snowmobile under the influence of alcoholic liquor or a controlled substance, or with an unlawful blood alcohol content, or with any presence of a Schedule 1 controlled substance or cocaine, punishable as a second or subsequent offense under MCL 324.82128(1)(b).
MCL 333.7403, possessing a controlled substance, controlled substance analogue, or prescription form.
MCL 462.353, operating a locomotive under the influence of alcoholic liquor or a controlled substance, or while visibly impaired, punishable as a second offense under MCL 462.353(4).
MCL 722.677, displaying sexually explicit matter to minors.
MCL 750.81, assault or domestic assault.
MCL 750.81a(1) or (2), aggravated assault or aggravated domestic assault.
MCL 750.115, breaking and entering or entering without breaking.
MCL 750.136b(7), fourth-degree child abuse.
MCL 750.145n, vulnerable adult abuse.
MCL 750.157b(3)(b), solicitation to commit a felony.
MCL 750.215, impersonating a peace officer or medical examiner.
MCL 750.223, illegal sale of a firearm or ammunition.
MCL 750.224d, illegal use or sale of a self-defense spray or foam device.
MCL 750.226a, sale or possession of a switchblade.
MCL 750.227c, improper transporting or possessing a loaded firearm in or upon a vehicle.
MCL 750.229, pawnbroker accepting a pistol in pawn, or any second-hand or junk dealer accepting a pistol and offering or displaying it for resale.
MCL 750.232, failure to register the purchase of a firearm or a firearm component.
MCL 750.232a, improperly obtaining a pistol, making a false statement on an application to purchase a pistol, or using or attempting to use false identification of another to purchase a pistol.
MCL 750.233, intentionally pointing or aiming a firearm without malice.
MCL 750.234, discharging a firearm while intentionally aimed without malice.
MCL 750.234d, possessing a firearm on prohibited premises.
MCL 750.234e, brandishing a firearm in public.
MCL 750.234f, possession of a firearm in public by an individual less than 18 years of age.
MCL 750.235, discharging a firearm pointed or aimed intentionally without malice causing injury.
MCL 750.235a, parent of a minor who violates the Firearms Chapter of the Michigan Penal Code in a weapon-free school zone.
MCL 750.236, setting a spring or other gun, or any trap or device.
MCL 750.237, carrying, possessing, using, or discharging a firearm while under the influence of alcoholic liquor or a controlled substance, while having an unlawful alcohol content, or while visibly impaired.
MCL 750.237a, weapon-free school zone violation.
MCL 750.335a, indecent exposure.
MCL 750.411h, stalking.
MCL 750.520e, fourth-degree criminal sexual conduct.
Former MCL 750.228, failure to have a pistol inspected.
MCL 752.861, careless, reckless, or negligent use of a firearm resulting in injury or death.
MCL 752.862, careless, reckless, or negligent use of a firearm resulting in property damage.
MCL 752.863a, reckless discharge of a firearm.
A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described above.

Have not been convicted of a misdemeanor violation of any of the following in the three years immediately preceding the date of application and a charge for a misdemeanor violation of any of the following is not pending against the applicant in this state or elsewhere at the time he or she applies for a license:

MCL 257.625, operating while intoxicated, visibly impaired, under 21 years of age with any bodily alcohol content, or with any presence of a Schedule 1 controlled substance or cocaine.
MCL 257.625a, refusal of commercial motor vehicle operator to submit to a preliminary chemical breath test.
MCL 257.625k, ignition interlock device reporting violation.
MCL 257.625l, circumventing or tampering with an ignition interlocking device.
MCL 257.625m, operating a commercial motor vehicle with alcohol content, punishable under MCL 257.625m(3).
MCL 259.185, operating an aircraft under the influence of intoxicating liquor or a controlled substance.
MCL 324.81134, operating an ORV under the influence of alcoholic liquor or a controlled substance, with an unlawful alcohol content, with any presence of a Schedule 1 controlled substance or cocaine, or while visibly impaired.
MCL 324.82127, operating a snowmobile under the influence of alcoholic liquor or a controlled substance, with an unlawful blood alcohol content, with any presence of a Schedule 1 controlled substance or cocaine, or while visibly impaired.
MCL 333.7401 to 333.7461, controlled substance violation.
MCL 462.353, operating a locomotive under the influence of alcoholic liquor or a controlled substance, while visibly impaired, or with an unlawful alcohol content, punishable under MCL 462.353(3).
MCL 750.167, disorderly person.
MCL 750.174, embezzlement.
MCL 750.218, false pretenses with intent to defraud or cheat.
MCL 750.356, larceny.
MCL 750.356d, second or third degree retail fraud.
MCL 750.359, larceny from vacant structure or building.
MCL 750.362, larceny by conversion.
MCL 750.362a, refuse or neglect to return vehicle, trailer, or other tangible property delivered on a rental or lease basis with intent to defraud the lessor.
MCL 750.377a, malicious destruction of personal property.
MCL 750.380, malicious destruction of real property.
MCL 750.535, buying, receiving, possessing, concealing, or aiding in the concealment of stolen, embezzled, or converted property.
MCL 750.540e, malicious use of service provided by telecommunications service provider.
A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described above.

Have not been found guilty but mentally ill of any crime, and has not offered a plea of not guilty of, or been acquitted of, any crime by reason of insanity.
Is not currently and has never been subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness.
Not have a diagnosed mental illness at the time the application is made that includes an assessment that the individual presents a danger to himself or herself or to another, regardless of whether he or she is receiving treatment for that illness.
Not be under a court order of legal incapacity in this state or elsewhere.
The applicant has a valid state-issued driver’s license or personal identification card.

The Michigan Medical Marijuana Association (MMMA)
Public forums for guests and members of the Michigan Medical Marijuana Association.
This is an open forum related to a variety of topics from legal issues to growing for medical use to strains and more.