Firearms and the Medical Use of Cannabis
CURRENT POLICY
The current policy of our county law enforcement agencies seems to be to allow medical use of cannabis patients to retain possession of any firearms that they already own, but to prohibit the issuing of new permits to patients who wish to obtain additional firearms.
The Honolulu Police Department also seems to be using an administrative rule created by the Department of Health that allows access to the confidential patient registry database for other "official law enforcement purposes" in order to cross reference the database for the purpose of denying new firearms applications to registered patients.
RECENT INQUIRIES
IN THE NEWS
Surrender Your Guns, Police Tell Hawaiian Medical Marijuana Patients, Leafly, Nov 27, 2017
Hawaii Police Order People with Medical Pot to Surrender Guns to the State, Daily Caller, Nov 28, 2017
"Surrender Your Firearms" Hawaii Police Plan to Confiscate Guns from All Medical Marijuana Users, SHTFplan, Nov 29, 2017
HPD Reviewing Policy Requiring Legal Marijuana Users to Turn in Guns, Star Advertiser, Nov 30, 2017
Police to Pot Card Holders: You Can Hold On to Your Gun (For Now), Hawaii News Now, Nov 30, 2017
HPD Reviewing Policy On Pot and Guns, Star Advertiser, Dec 1, 2017
"HPD has checked all gun permit applicants through the state Department of Health's marijuana patient registry since September 2016 when firearms personnel gained access to the database, Yu said."
Guns or Greens ? Firearm Permits Being Denied to Medical Marijuana Patients, West Hawaii Today, Dec 1, 2017
Gun Surrender: AG Report Lists Cannabis Patients Under "Mental Incompetence/Impairment", Hawaii Free Press, Dec 1, 2017
Did Honolulu Police Break the Law with "Surrender Your Guns" Letter ?, Leafly, Dec 1, 2017
Police: Policy Banning Guns for Legal Pot Users Under Review, WRAL, Dec 2, 2017
Public Outcry Causes Honolulu Police to Rethink Ordering the Surrender of Firearms, Breitbart News, Dec 3, 2017
Gun-Owning Medical Marijuana Users in Hawaii May Not Have to Give Up Their Guns, After all, Civilized, Dec 5, 2017
HPD Won't Take Guns From Medical Marijuana Users, Star Advertiser, Dec 5, 2017
HPD in Error Over Cannabis Patients with Guns, Chief Says, Start Advertiser, Dec 7, 2017
“It is not illegal to possess the ones you already have,” Ballard told the Honolulu Police Commission on Wednesday. “Merely having a medical marijuana card doesn’t mean you’re using marijuana. We can’t prove you’re using marijuana. Our practice of having them turn in their firearms was incorrect.”
HPD Confirms Error Over Controversial Cannabis Gun Policy, Pacific Business News, Dec 7, 2017
PETITION TO AMEND A RULE
Rulemaking Petition to Amend HAR 11-160-56 - filed with DOH on Dec 1, 2017
Rulemaking Petition denial by DOH - December 26, 2017
REFERENCES
HPD Firearms Application Form - Updated Oct 2017
7. Are you an unlawful user of or addicted to any controlled substance? [18 U.S.C.§922(g)(3)]
8. Are you authorized to utilize marijuana for medical purposes? [18 U.S.C. §922(g)(3)]
HRS 134-7: Ownership or possession prohibited, when; penalty.
(a) No person who is a fugitive from justice or is a person prohibited from possessing firearms or ammunition under federal law shall own, possess, or control any firearm or ammunition therefor.
(g) It shall be unlawful for any person -
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(16) The term "marihuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
21 U.S.C. 841: Prohibited acts.
(a) Unlawful acts
(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance;
(b) Penalties
(1)(a)(vii): 1,000 or more marihuana plants regardless of weight; $10/50 million, 10 years to life in prison.
21 U.S.C. 844: Penalties for simple possession.
(a) Unlawful acts; penalties
It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this subchapter or subchapter II of this chapter.
21 U.S.C. 812(b) Placement on schedules; findings required
(1) Schedule I.—
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has no currently accepted medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.
HRS 329-123 Registration requirements.
(d) Upon inquiry by a law enforcement agency, which inquiry may be made twenty-four hours a day, seven days a week, the department of health shall immediately verify whether the subject of the inquiry has registered with the department of health and may provide reasonable access to the registry information for official law enforcement purposes.
HAR 11-160-56 Confidential information; exceptions. (18-Jul-2015)
(a) All information received and records kept by the department for purposes of administering this chapter are confidential and not subject to disclosure except to:
(2) State and local law enforcement agencies for the purpose of verifying registration with the department pursuant to this chapter or for official law enforcement purposes;
HAR 11-160-56 Confidential information; exceptions. (24-Nov-2016)
(a) All information received and records kept by the department for purposes of administering this chapter are confidential and not subject to disclosure except to:
(2) Federal, state, or local law enforcement agencies for the purpose of verifying registration with the department pursuant to this chapter or for official law enforcement purposes;