Marijuana users in Ohio barred from owning guns

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Re: Marijuana users in Ohio barred from owning guns

Postby bignflnut » Wed Dec 13, 2017 3:39 pm

willbird wrote:Your talking about the supposed right to engage in production and sale, and or use of dope and have a CCW both. I think your support base for getting high and CCW could hold it's annual members meeting in a phone booth if they could find one these days.


bignflnut wrote:I did not discuss production, sale or any usage of any substances. You simply stated that you didn't think the states could overwrite the feds, and I demonstrated that many have done just that, phone booths notwithstanding. The goal posts are right where I left them, and haven't moved to commercial purposes or anything else.

We are discussing a federal decree, not a law that was passed, that impacts the 2nd Amendment rights of people in the states, as they are declared "Prohibited Persons" without the benefit of due process ( a violation of 5th Amendment), being told to surrender arms.


Should be like that...got my quote endings in the wrong place (*cough*) Tough to see my keyboard through this haze...
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Re: Marijuana users in Ohio barred from owning guns

Postby willbird » Thu Dec 14, 2017 9:06 am

bignflnut wrote:
willbird wrote:Your talking about the supposed right to engage in production and sale, and or use of dope and have a CCW both. I think your support base for getting high and CCW could hold it's annual members meeting in a phone booth if they could find one these days.


bignflnut wrote:I did not discuss production, sale or any usage of any substances. You simply stated that you didn't think the states could overwrite the feds, and I demonstrated that many have done just that, phone booths notwithstanding. The goal posts are right where I left them, and haven't moved to commercial purposes or anything else.

We are discussing a federal decree, not a law that was passed, that impacts the 2nd Amendment rights of people in the states, as they are declared "Prohibited Persons" without the benefit of due process ( a violation of 5th Amendment), being told to surrender arms.


Should be like that...got my quote endings in the wrong place (*cough*) Tough to see my keyboard through this haze...



IMHO it is not a "Federal Decree" when a drug is scheduled and when the FDA approves prescription drugs after testing.

People are going stark raving nuts claiming all kinds of patent remedy like qualities to MaryJ.....and the Obama puppet FDA left them alone while going after the makers of KIND (Granola for lack of a better term) bars for claiming their ingredients were "healthy" when they did not meet the strict FDA food pyramid scheme of what the feg.gov.org has decided is "healthy".

There are many many many laws that impact second amendment rights....not just being engaged in the production or use of federally scheduled "drugs and medicines" being allowed under a state level conspiracy to violate federal law for fun and profit :-). There are tons of other effects too, DOT regulations require random testing of all kinds of licensed people, pilots, CDL truck drivers to name just a few.

These people cannot use the weed and keep their jobs. Most working people in fact cannot use the weed and keep their jobs, pushing them into lower paying jobs where the people with no high school diploma, or who cannot pass a drug test end up.

Bill
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Re: Marijuana users in Ohio barred from owning guns

Postby willbird » Thu Dec 14, 2017 9:18 am

There are lots of Ex Post facto laws that impact second amendment rights.

Considering the recent bills for federally mandated CCW reciprocity there was an attempt to add an amendment that would preclude anybody with 2 or more OVI on their record. There is NO WAY to be relieved from that disability in Ohio, an OVI (called DWI back then) in late 1980's early 1990's is on your record forever, it cannot be sealed or expunged even that person has not had a drink since 1991.

Two OVI on your record means you must petition Canada to be considered rehabilitated to even enter...costs $250 last I checked and you wait and see, or you can pay a $250 bribe every time you try to cross to be evaluated on the spot.

Bill
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Re: Marijuana users in Ohio barred from owning guns

Postby willbird » Thu Dec 14, 2017 9:20 am

There are certain offenses under Ohio law that cannot be expunged. Charges of Operating a Motor Vehicle Under the Influence of Alcohol cannot be expunged. As a result, if a person has received a conviction for OVI, OMVI, DUI, DWI, they would not be eligible for an expungement


Example...just one....your screwed forever........you would be better off maybe having been caught with some weed, or some oxy, that can be sealed.
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Re: Marijuana users in Ohio barred from owning guns

Postby Face » Thu Dec 14, 2017 11:00 am

While our neighbor to the North will prohibit you with multiple DUI, they will not (or soon will not) with any cannabis history. Will be legal in all of Canada in 2018. Most provinces will allow it at 19, as well as alcohol.


willbird wrote:
There are certain offenses under Ohio law that cannot be expunged. Charges of Operating a Motor Vehicle Under the Influence of Alcohol cannot be expunged. As a result, if a person has received a conviction for OVI, OMVI, DUI, DWI, they would not be eligible for an expungement


Example...just one....your screwed forever........you would be better off maybe having been caught with some weed, or some oxy, that can be sealed.
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Re: Marijuana users in Ohio barred from owning guns

Postby willbird » Thu Dec 14, 2017 12:15 pm

Face wrote:While our neighbor to the North will prohibit you with multiple DUI, they will not (or soon will not) with any cannabis history. Will be legal in all of Canada in 2018. Most provinces will allow it at 19, as well as alcohol.


willbird wrote:
There are certain offenses under Ohio law that cannot be expunged. Charges of Operating a Motor Vehicle Under the Influence of Alcohol cannot be expunged. As a result, if a person has received a conviction for OVI, OMVI, DUI, DWI, they would not be eligible for an expungement


Example...just one....your screwed forever........you would be better off maybe having been caught with some weed, or some oxy, that can be sealed.


We have heard from a few folks here over the years who "had two Vicodin in my pocket, they were not even mine"....that can be sealed...but the OVI cannot. Canada might STILL know about the sealed stuff anyway.

Bill
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Re: Marijuana users in Ohio barred from owning guns

Postby willbird » Thu Dec 14, 2017 12:16 pm

The simple fact is – Canada considers drunk driving to be a serious offense. As a general rule, the older your conviction (10 years or more), the better the chance that you have of being allowed to enter Canada without filing for a waiver. However, you certainly cannot count on being granted entry.


This is on my list of things to get squared away.
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Re: Marijuana users in Ohio barred from owning guns

Postby Werz » Sat Dec 16, 2017 11:07 pm

willbird wrote:Contrarily some OTC drugs have been completely banned (ephedra stuff), and some became fairly strictly controlled (pseud-ephedrine stuff)....some by state laws, some federal laws and regulations.

Clarification: Herbal ephedra was banned. Pharmaceutical ephedrine (e.g., Bronkaid®, and Primatene® Tablets) is still legal and can be purchased without a prescription. You need to provide ID at the pharmacy counter; they will enter it into NPLEx, and your purchases are limited to certain amounts within a certain period of time ... just like pseudoephedrine.
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Re: Marijuana users in Ohio barred from owning guns

Postby willbird » Sat Dec 16, 2017 11:11 pm

Werz wrote:
willbird wrote:Contrarily some OTC drugs have been completely banned (ephedra stuff), and some became fairly strictly controlled (pseud-ephedrine stuff)....some by state laws, some federal laws and regulations.

Clarification: Herbal ephedra was banned. Pharmaceutical ephedrine (e.g., Bronkaid®, and Primatene® Tablets) is still legal and can be purchased without a prescription. You need to provide ID at the pharmacy counter; they will enter it into NPLEx, and your purchases are limited to certain amounts within a certain period of time ... just like pseudoephedrine.


I did say Ephedra ;-).
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Re: Marijuana users in Ohio barred from owning guns

Postby Werz » Sat Dec 16, 2017 11:27 pm

willbird wrote:IMHO it is not a "Federal Decree" when a drug is scheduled and when the FDA approves prescription drugs after testing.

When you're talking about scheduling by administrative rule, I agree that it's a bit sketchy in a constitutional sense. However, when there is an Act of Congress, passed by both houses, and signed by the President, which is then incorporated into 21 U.S.C. § 812, or when there is an Act of the Ohio General Assembly, passed by both houses, and signed by the Governor, which is then incorporated into R.C. 3719.41, it's no longer a decree; it's the law.

It's also important to note that our federal government has hamstrung itself in terms of de-scheduling drugs because, by statute, that is subject to treaties we have made with other nations.
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Re: Marijuana users in Ohio barred from owning guns

Postby willbird » Mon Dec 18, 2017 10:09 am

Werz wrote:
willbird wrote:IMHO it is not a "Federal Decree" when a drug is scheduled and when the FDA approves prescription drugs after testing.

When you're talking about scheduling by administrative rule, I agree that it's a bit sketchy in a constitutional sense. However, when there is an Act of Congress, passed by both houses, and signed by the President, which is then incorporated into 21 U.S.C. § 812, or when there is an Act of the Ohio General Assembly, passed by both houses, and signed by the Governor, which is then incorporated into R.C. 3719.41, it's no longer a decree; it's the law.

It's also important to note that our federal government has hamstrung itself in terms of de-scheduling drugs because, by statute, that is subject to treaties we have made with other nations.



Then add in the fact that for a very long time there has been an effort to establish some substances as "medicine"....which is typically followed by the real goal all along, permitting recreational use without any of the supervision and control that is usually used with "medicines". Also there is some illusion that making one substance legal (but taxed and heavily regulated) will somehow have some impact on criminal activity. Criminals are criminals, and when one distortion of the free market is removed, they will just shift to filling the needs of customers within another market.

The people who had worked out how to successfully import a very bulky for the profit substance will no doubt shift to importing an equal number of cubic feet of something else in demand.

Bill
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