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What To Do When… Medical Marijuana Cards and Firearms.

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The objective of the What To Do When… podcast is to discuss common legal scenarios faced by everyday citizens in Virginia. Critzer and Cardani practice law throughout Virginia and focus their practice around the state’s capital of Richmond, in the Piedmont region. Tune in and subscribe to learn about legal topics such as reckless driving by speeding, bad lawyers, Will Knows Weed, juvenile defense, juvenile sex crimes, reckless driving, the legalization of marijuana in Virginia, divorce 101, Child Support, and others.

WTDW Podcast | Episode 69: What To Do When… Medical Marijuana Cards and Firearms.

What To Do When… Intro 00:01
Welcome to What To Do When… A podcast from real lawyers with real perspective, where we explore a variety of legal issues and scenarios. Each week we focus on a new topic and discuss what to do when and if any of these legal scenarios ever happened to you or a loved one. With over 40 years of combined legal experience, our hosts offer their unique perspectives and insights on a range of real life legal situations.

Scott Cardani 0:26

Welcome back again to What To Do When… A Dummies Guide to the Legal Verse. We’re here with Will today we’re Cardani Critzer Cardani in Richmond, Virginia. Well, what’s on the docket for today?

Will Smith III 0:40

I’m Will and this is What To Do When…

Scott Cardani 0:35
What’s on the docket for today Will?

Will Smith III 0:37
Scott, we’re talking about What To Do When… You Have a Medical Marijuana Card in The State of Virginia and You Want to Possess or Purchase a Firearm.

Scott Cardani 0:45
So you can have a medical marijuana card in Virginia.

Will Smith III 0:48
That’s right. You can – as far as I’m aware, it seems like a pretty easy thing to do. You say that you have insomnia or some type of mental health issue and a doctor will write you a prescription and issue a medical marijuana card.

Scott Cardani 1:02
Well okay, let’s walk through that. So today, I go to my doctor Scott. And I say, Hey, buddy, I need a medical marijuana card. I can’t sleep and he gives it to me. How does that change my life?

Will Smith III 1:15
Well, it changed your life. Because if you’re trying to purchase or possess a gun, you’re no longer gonna be able to do so. The way that the law works is that if you have ever used or have to answer on a gun, application purchase application, that you have used controlled substances, marijuana is still controlled substance and the federal law, then it’s going to ban you from being able to purchase that gun or to possess a gun for that matter.

Scott Cardani 1:42
Wait a minute, wait a minute, you’re saying if I have 20 shot guns at my house, because I’m hunted my whole life, and I go out and get a medical marijuana card? What has to happen?

Will Smith III 1:43
You gotta get rid of those guns.

Scott Cardani 1:53
Can’t purchase anymore, can’t possess them anymore?

Will Smith III 1:56
You can’t possess them anymore. You can’t purchase guns either for that matter.

Scott Cardani 2:00
Folks, that’s a big deal. I think a lot of people of course, I knew that answer. But a lot of people don’t know that man. And here we are, you know, we’re pushing medical marijuana. And remember, this is the dichotomy really nobody understands. Federal law hasn’t caught up with state law. Right?

Will Smith III 2:15
That’s Right.

So federal law, it’s still a controlled substance. And the federal government controls the purchase of guns and possession of guns. So does the state but there’s this balancing act. And so you’re in violation of one when you’re legal and the other, and trust me, illegal and one, the federal government always trumps the state government, it shouldn’t but it does. And that’s a whole nother issue I’d get into but you know, and now we’ve got all this selective prosecution going on all over the United States where some groups get prosecuted, some groups don’t. So you know, say you’re at at Johnny’s and you’re having a barbecue and somebody’s there who doesn’t like you and you’re like, showed off your medical marijuana card while you’re have your concealed carry in the back of your pants. All of a sudden, it could be a life changing experience for you if you don’t know this.

Scott Cardani 2:24
Somebody just needs to turn you in on that. And you’re looking at some some issues for possessing that firearm.

I really believe this is an area that nobody understands and nobody knows. It’s again, legalization of marijuana came out really quickly. We talked about this with DUIs. And there’s just the law hasn’t really caught up to the concept of what we’re doing. You know, we talked about selling and buying plants and growing your own marijuana and all that stuff. It’s, it is a quagmire folks at this point, and what you can get charged with what you can’t get charged with and all those things are is just like an evolving thing right now. So we brought Will in who you know, #willknowsweed. So you know, and we make that joke, but he just handles a lot of these cases. And that’s the reason you know, you need someone with expertise in your in your corner when you get charged with these things. So, you know, knowing the law is super important. And so often, we don’t connect the dots. And quite frankly, this is what bothers me about the law sometimes. I mean, there’s a great podcast by James Duane, who did it years ago about, you know why you never talked to the police. There are so many laws out there that you have no concept of. There’s a law that goldfish he went through this whole thing one time, you know, all these things that you could get a federal charge for that you had no idea. So as you’re talking to people, and that’s why Will and I always suggest never talked to the police never admit to anything, never do that. You think you’re doing a good thing, but in the end, you’re probably giving them the evidence that they didn’t have prior to because I’m telling you now 80% to 90% of crimes are only brought for conviction because of your testimony. Not because of the evidence they got. So remember that. So again, we’re trying to get you to this point with medical marijuana cards. A lot of people are going yeah, I’m gonna go get my medical marijuana card. It’s cool. I can smoke all the time. And what about if they don’t have their medical marijuana card? What would you think if somebody just was personally smoking? Because we know you can personally smoke marijuana now?

Will Smith III 5:05

Well, I think that, I mean, I’m not here to interpret that particular law. But the way that the code is written right, in the way that the application for a firearm is is written is that if you were using a schedule one or two controls, or any controls up, excuse me, for that matter, that, you know, you can’t, you can’t purchase a firearm. So I mean, if you’re just a recreational user, and you answer that gun application form, that you don’t use any controlled substances, and they find out somehow they go and see in the parking lot smoking a joint.

Scott Cardani 5:40

Will Smith III 5:40
Then that they can come back, I think and have you charged.

Scott Cardani 5:43
It’s crazy folks, I’m just telling you, there’s a lot to this law, and a lot to the legalization, again, a marijuana that hasn’t even been ferreted out. And honestly Will and I can’t sit here today and tell you that if you’re a casual user of marijuana, or gummies, or whatever it is, and you’re sitting in your house, and you also are a concealed weapon holder, I think there may be a conflict in that technically, that could get you to lead you to trouble. So you got to be mindful of these things as they change laws. And they get ahead of themselves, and they don’t define it clearly. But remember, they define it how they wanted to define it, a judge is gonna define it, how he wants to define it, and you may not get the opportunity to give your 10 cents and they may not care what you thought. Well, Judge, I thought it was okay. He’s gonna say, well, oh well.

Will Smith III 6:25
Yeah, you get yourself an overzealous police officer who’s trying to charge you with everything that they can think of. And they might just might hit you with that as well. So definitely something to be mindful of for all the people out there who have medical reasons for you know, getting medical marijuana. Just be mindful that it restricts you may actually prohibits you from owning or possessing or purchasing any type of firearm. So just be careful out there.

Scott Cardani 6:54
And we just want you to be safe out there. We want you to understand your rights. Again, we thank you for tuning in to another episode of What To Do When… and we’ll see you soon.

Will Smith III 7:03

What To Do When… Outro 7:04

We hope you’ve enjoyed this episode of What To Do When… For more episodes, be sure to subscribe to our podcast and we encourage you to check archives to listen to previous topics. Tune in next week for a new episode and some fresh perspective from Critzer Cardani.

Need Legal Representation? Contact Critzer Cardani.

We look forward to helping you in this venture and Good Luck!