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Can I use medical marijuana and own a gun?

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ARIZONA

Arizona marijuana laws: 12 things you need to know

Kaila White, The Republic | azcentral.com1 day agoFacebookTwitterGoogle Plusmore



AP

Marijuana growing in the home of two medical marijuana patients in Medford, Ore.

There are many myths about use and possession of marijuana and medical marijuana in Arizona, especially since the Arizona Medical Marijuana Act passed in 2010. Here's what you need to know about what is and isn't allowed, and the legal consequences.

IS THE SMELL OF MARIJUANA ENOUGH FOR POLICE TO SEARCH ME OR MY PROPERTY?

The Arizona Supreme Court ruled in July that police can still use the odor of marijuana as probable cause to search a car or a premises, despite medical-marijuana laws.

However, a search can lose its legal foundation if authorities have indications the suspected marijuana use or possession is legal under the medical marijuana law.

CAN I BE FIRED FOR USING OR POSSESSING MEDICAL MARIJUANA LEGALLY?

A patient can be fired if he or she is in possession or under the influence of marijuana at the workplace.

It is illegal for an employer to take adverse action against an employee because of cardholder status or a positive test for the presence of marijuana, unless the employer would lose federal funding or licensing for not taking action. It does happen but often never makes it to court, according to marijuana lawyer Thomas Dean.

"It is usually fairly clear when an employer takes adverse action because it is in response to a positive test or, in the case of refusals-to-hire, often the person is told that they are hired and all that remains is to get the results of the drug test back. Then, as soon as the results are in, the employer reverses its decision," Dean said.

"As a practical matter, however, these lawsuits can take time and be costly. Many attorneys are hesitant to take on a case that will be expensive to litigate if the damages are not substantial. That's why most people end up not filing suit. They may, however, choose to seek unemployment insurance benefits."

CAN I GET A DUI AFTER USING MEDICAL MARIJUANA?

Yes. The Arizona Court of Appeals ruled in 2014 that thestate's medical-marijuana law doesn't give drivers immunityfrom prosecution if they test positive for marijuana or its chemical compound.

CAN I USE OR POSSESS MEDICAL MARIJUANA ON A COLLEGE CAMPUS?

No. Arizona is the only state in the U.S. where medical marijuana is legal while being illegal on college campuses, due to a 2012 revision of the Arizona Medical Marijuana Act known as the "campus-ban statute."

Cardholders also can’t have it on a school bus, on the grounds of a preschool, primary school or high school, or in a correctional facility, and can’t smoke it on public transportation or in a public place.



AZCENTRAL

After felony charge, ASU student appeals medical-marijuana ban on campus

CAN I USE MEDICAL MARIJUANA AND OWN A GUN?

“Medical-marijuana users in Arizona are sort of in the same position in regard to guns as they are to marijuana,” attorney Logan Elia said.

Under federal law, anyone who uses marijuana is prohibited from possessing firearms or ammunition due to the federal Gun Control Act of 1968.



Login

ARIZONA

Arizona marijuana laws: 12 things you need to know

Kaila White, The Republic | azcentral.com1 day agoFacebookTwitterGoogle Plusmore



AP

Marijuana growing in the home of two medical marijuana patients in Medford, Ore.

There are many myths about use and possession of marijuana and medical marijuana in Arizona, especially since the Arizona Medical Marijuana Act passed in 2010. Here's what you need to know about what is and isn't allowed, and the legal consequences.

IS THE SMELL OF MARIJUANA ENOUGH FOR POLICE TO SEARCH ME OR MY PROPERTY?

The Arizona Supreme Court ruled in July that police can still use the odor of marijuana as probable cause to search a car or a premises, despite medical-marijuana laws.

However, a search can lose its legal foundation if authorities have indications the suspected marijuana use or possession is legal under the medical marijuana law.

CAN I BE FIRED FOR USING OR POSSESSING MEDICAL MARIJUANA LEGALLY?

A patient can be fired if he or she is in possession or under the influence of marijuana at the workplace.

It is illegal for an employer to take adverse action against an employee because of cardholder status or a positive test for the presence of marijuana, unless the employer would lose federal funding or licensing for not taking action. It does happen but often never makes it to court, according to marijuana lawyer Thomas Dean.

"It is usually fairly clear when an employer takes adverse action because it is in response to a positive test or, in the case of refusals-to-hire, often the person is told that they are hired and all that remains is to get the results of the drug test back. Then, as soon as the results are in, the employer reverses its decision," Dean said.

"As a practical matter, however, these lawsuits can take time and be costly. Many attorneys are hesitant to take on a case that will be expensive to litigate if the damages are not substantial. That's why most people end up not filing suit. They may, however, choose to seek unemployment insurance benefits."

CAN I GET A DUI AFTER USING MEDICAL MARIJUANA?

Yes. The Arizona Court of Appeals ruled in 2014 that thestate's medical-marijuana law doesn't give drivers immunityfrom prosecution if they test positive for marijuana or its chemical compound.

CAN I USE OR POSSESS MEDICAL MARIJUANA ON A COLLEGE CAMPUS?

No. Arizona is the only state in the U.S. where medical marijuana is legal while being illegal on college campuses, due to a 2012 revision of the Arizona Medical Marijuana Act known as the "campus-ban statute."

Cardholders also can’t have it on a school bus, on the grounds of a preschool, primary school or high school, or in a correctional facility, and can’t smoke it on public transportation or in a public place.



AZCENTRAL

After felony charge, ASU student appeals medical-marijuana ban on campus

CAN I USE MEDICAL MARIJUANA AND OWN A GUN?

“Medical-marijuana users in Arizona are sort of in the same position in regard to guns as they are to marijuana,” attorney Logan Elia said.

Under federal law, anyone who uses marijuana is prohibited from possessing firearms or ammunition due to the federal Gun Control Act of 1968.



Login

ARIZONA

Arizona marijuana laws: 12 things you need to know

Kaila White, The Republic | azcentral.com1 day agoFacebookTwitterGoogle Plusmore



AP

Marijuana growing in the home of two medical marijuana patients in Medford, Ore.

There are many myths about use and possession of marijuana and medical marijuana in Arizona, especially since the Arizona Medical Marijuana Act passed in 2010. Here's what you need to know about what is and isn't allowed, and the legal consequences.

IS THE SMELL OF MARIJUANA ENOUGH FOR POLICE TO SEARCH ME OR MY PROPERTY?

The Arizona Supreme Court ruled in July that police can still use the odor of marijuana as probable cause to search a car or a premises, despite medical-marijuana laws.

However, a search can lose its legal foundation if authorities have indications the suspected marijuana use or possession is legal under the medical marijuana law.

CAN I BE FIRED FOR USING OR POSSESSING MEDICAL MARIJUANA LEGALLY?

A patient can be fired if he or she is in possession or under the influence of marijuana at the workplace.

It is illegal for an employer to take adverse action against an employee because of cardholder status or a positive test for the presence of marijuana, unless the employer would lose federal funding or licensing for not taking action. It does happen but often never makes it to court, according to marijuana lawyer Thomas Dean.

"It is usually fairly clear when an employer takes adverse action because it is in response to a positive test or, in the case of refusals-to-hire, often the person is told that they are hired and all that remains is to get the results of the drug test back. Then, as soon as the results are in, the employer reverses its decision," Dean said.

"As a practical matter, however, these lawsuits can take time and be costly. Many attorneys are hesitant to take on a case that will be expensive to litigate if the damages are not substantial. That's why most people end up not filing suit. They may, however, choose to seek unemployment insurance benefits."

CAN I GET A DUI AFTER USING MEDICAL MARIJUANA?

Yes. The Arizona Court of Appeals ruled in 2014 that thestate's medical-marijuana law doesn't give drivers immunityfrom prosecution if they test positive for marijuana or its chemical compound.

CAN I USE OR POSSESS MEDICAL MARIJUANA ON A COLLEGE CAMPUS?

No. Arizona is the only state in the U.S. where medical marijuana is legal while being illegal on college campuses, due to a 2012 revision of the Arizona Medical Marijuana Act known as the "campus-ban statute."

Cardholders also can’t have it on a school bus, on the grounds of a preschool, primary school or high school, or in a correctional facility, and can’t smoke it on public transportation or in a public place.



AZCENTRAL

After felony charge, ASU student appeals medical-marijuana ban on campus

CAN I USE MEDICAL MARIJUANA AND OWN A GUN?

“Medical-marijuana users in Arizona are sort of in the same position in regard to guns as they are to marijuana,” attorney Logan Elia said.

Under federal law, anyone who uses marijuana is prohibited from possessing firearms or ammunition due to the federal Gun Control Act of 1968.

http://www.azcentral.com/story/news/local/arizona/2015/12/14/arizona-marijuana-laws-facts-myths/75481296/