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No longer able to get a CPL / CCW with a medical marijuana patient card???

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Patient - Newbie - member
20 posts
Anyone hear that if you have your patient card that you can no longer get a CPL / CCW licence as of April 2011? If so, does that include caregivers? And what's ur thoughts on being a patient and now be removed from eligibility to conceal carry a pistol, but yet still able to open carry??
CERTIFIED CAREGIVER - GLC Society - moderator
577 posts

Where did you hear that?

CERTIFIED CAREGIVER - GLC Society - moderator
577 posts

It looks like you can be a patient and have a CDL as long as you do not test positive for thc.

Patient - Newbie - member
20 posts
I took my CPL class today, 6-26-11, and the instructor, Mark Cortis- (248) 506-3472, said he went to a seminar in april and that's the new rule. The seminar was given by: James Tieman- Firearms Training Consultant- Michigan State Police, (734) 395-0199, NICSMI@aol.com. I intend to contact mr. Tieman to confirm this, but wanted to get others opinions first.
Patient - Newbie - member
20 posts
Mr. Greengenes1, I'm unsure about a CDL, i was actually speaking of a CPL- license for concealed pistol, which used to be called a CCW. Sorry if there was any confusion.
Patient - Experienced - member
71 posts

I am a CPL holder as well as a patient/caregiver, so this was of great concern to me. I just spoke with Mr Tieman. He stated that you can not have a CPL and a MMMP card. A CPL is a federally licensed and once the board finds out you have your card they consider you a "drug addict", his words, and they will revoke your CPL.

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Reliable, Responsible, Professional
Patient - Newbie - member
20 posts
Mibestbud- did u happen to discuss simply being a provider without a patient card with Mr. Tieman?
Patient - Newbie - member
10 posts

I find it hilarious that he told you this. A CPL/CCW is not a federal license, it is a state issued permit. Having a medical marijuana card may preclude you from being able to obtain an FFL (federal firearms license) which is what gun dealers are required to have, but does not preclude you form obtaining a CPL. This issue was recently up for debate in an Oregon court, and medical marijuana won, the rulign was that members of county gunboards cannot deny CPL applications simply because the applicant also holds an mmj card . Also, I'm almost positive that HIPPA privacy laws prevent this information from being available to the gun board in the first place.  State police agencies are under no obligation to enforce federal laws, they ARE obligated to uphold michigan law. The "federal gun control act" only specifies denial of a firearm to "unlawful users of drugs" according to the state of Michigan, we are well within our rights.

Patient - Newbie - member
20 posts
It is the opinion of the Michigan State Police that you can not hold both a CPL and a Mmm card. Since a MSP representative sits on the CPL licensing board in each county, this can hinder the process, ESP in a county like Oakland co. As far as the federal part goes, there is a federal section on the CPL requirements packet. In this federal section it does say that the applicant can not be an unlawful user or addicted to a controlled substance. On the state level we are not unlawful, however on a federal we are. This is why the MSP want to deny the CPL applicant. As far as HIPAA and medical confidentiality, you sign that right away when you sign the application. This is due to one of the notations in the signature box that gives the licensing board access to any record, including medical and mental health records if you sign.
Patient - Newbie - member
10 posts

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.

Again, Michigan Police officers, wether State, County, or City and licensing boards have no power to deny a Legal Medical Marijuana Patient's rights. I personally, will be applying for mine next month. If I am denied I will be contacting the ACLU immediately, and filing suit against the state of Michigan, for violating my rights to protect myself, my home, and my property.

Patient - Newbie - member
10 posts

The process used to approve a "purchase permit" for a handgun (state and federal background check) is the same process used in determining wether or not you will be allowed to carry a concealed weapon. I have a friend who files all of the peperwork for the Oakland Co. gun board approvals and denials, she has spoken directly with members of the gun board on my behalf, and they're response what that there would be no issue with an mmmp patient carrying a concealed pistol so long as they were within the limits of the medical marijuan law and were not under the influence of marijuan while carrying a pistol. 

Patient - Experienced - member
71 posts

Oystergates- No I didn't ask him that.

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Reliable, Responsible, Professional
Patient - Experienced - member
71 posts

That's good to hear needle2flesh. I'm gonna try and do some more research before I carry. Let me know if you hear anything else.

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Reliable, Responsible, Professional
Patient - Newbie - member
20 posts
Well, after much reading and talking to different people in many different places, I think we'll be fine. I guess I'll know soon enough, as I should have my CPL app ready to submit Tuesday. The best "official" news I've read on this topic would be this article:

http://mobile.mlive.com/advflint/pm_29281/contentdetail.htm?contentguid=QSOy9Ur5

Thanks!
guest
77 posts

I think any body who has used alcohol 24 hours before firing a weapon should be arrested on the spot
no exception  officers of the law.

guest
77 posts

hangovers also affect good judgement

Patient - Newbie - member
3 posts

Many things effect good judgement.  If I'm upset because I just got laid off, or my house is in foreclosure, or I'm really pissed off about the idiots in government, or I'm really tired because my kid was sick last night, should I not be allowed to protect myself or others from the acts of a mad man?  Is there some test that can be administered to verify a person's state of mind?  In Grand Rapids we had an eye-opening incident only 2 weeks ago.  It is because of this potential reality that I carry a legal weapon.  Some nut was upset that his girlfriend was leaving him so he killed 7 people (including children), shot a few more, terrorized the entire city, shot up a police car, drove down the highway the wrong way, broke into a family's house, held them hostage, and finally killed himself.  If I had a couple of beers yesterday with dinner, should I not be allowed to defend myself from such persons?  If my wife just died from cancer, am I no longer competent enough to exercise my right to keep and bear arms?  Michigan law states that a BAC level of .02 puts you over the limit to carry your legal firearm.  I'll stick with that.  Should you ever find yourself at the receiving end of some wack-job with a gun, I pray that someone with a legal, concealed weapon comes to your aid.  Or you can wait for the police to arrive.  They do a great job of taking pictures, writing reports, and cleaning up the mess, once its all over.

Patient - Newbie - member
10 posts

Hey everyone, Just wanted to give you guys an update and some GREAT NEWS!!!!! I have been approved for my CPL/CCW!!!!!!

Patient - Experienced - member
617 posts

congrats!!!

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michigan certified compassionate caregiver
Patient - Newbie - member
3 posts

Congrats needle.  Unfortunately, as of late, it appears the whole MMJ thing in Michigan is a constantly changing environment.  I hope your license does not get revoked at the whim of some local prosecutor who fancies their opinion superior to that of the voters.  It happens far too often.  Great to see another resident accept responsibility for their own welfare and give justice a fighting chance.

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