Wednesday 1 February 2017

Your marijuana questions answered


Jessica Gagne, WCSH  

(NEWS CENTER) -- By now you know the basics: it is legal for adults 21 or older to possess up to 2.5 ounces of marijuana and up to 6 mature plants. But what if you want to buy it, or grow it? How does the law pertain to work or gun ownership?

You sent us your questions online, and we went out to get answers. We spoke with Tammie Snow, an attorney in Portland who represents clients in the marijuana business.

Question from Scott Breton: Now that it's legal to possess marijuana, but it still can't be sold legally, does that mean it's legal to possess illegally purchased pot?
 
Answer: This is a complicated one, since yes, it is currently illegal to buy or sell recreational marijuana in this state. But according to attorney Tammie Snow, you can legally get it from someone if they give it to you. Snow also said that now that it is legal, the police can't do much if you have the legal amount in your possession unless they have some evidence of you buying or obtaining it illegally. Snow said you cannot get it from someone who is growing or is a medical marijuana patient even if they give it to you, they are only allowed to provide it to other patients or caregivers.
 
Question from Crissy Dyer: If you apply for a job and they drug test, are you allowed to have cannabis in your system?
 
Answer: The short answer is no. Snow says we're an employment at will state, which means an employer can fire you for any reason. And an employer can put in their own policies that say that we are going to drug test, and you can be fired for using it. Now again on this one, medical marijuana is different. Snow says there are some protections from employees who use medical marijuana under the medical marijuana law.
 
Question from Kimberly Ann: what about gun ownership and marijuana use?
Answer: Snow says under federal law, marijuana users cannot own a gun, even if they are medical marijuana users. The bureau of alcohol, tobacco and firearms asks if you are an unlawful user of marijuana when you buy a gun, and they just recently added a warning to the form that reminds people that marijuana is still unlawful under federal law even if it has been legalized in your state. Snow says there could be some gray areas at the state level, and police are already having those kind of discussions.

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