Honolulu police mailed a letter on November 13, 2017, warning medical cannabis patients they have 30 days to turn over their guns
The letter was signed by Honolulu Police Department Chief Susan Ballard
Patients have the option of transferring ownership of their guns and ammunition over to the Honolulu PD or just turning them over
The Honolulu Police Department are taking the guns under HRS 134-7.3
The letters are signed by Honolulu Police Chief Susan Ballard. The notice states cannabis patients have 30 days to transfer ownership of their guns and ammunition to the Honolulu police, or surrender their guns to police.
Dear Mr (Redacted)
This letter is to inform you that under the provisions of the Hawaii Revised Statutes (HRS), Section 134-7(a) you are disqualified from firearms ownership, possession or controlling firearms. Your medical marijuana use disqualifies you from ownership of firearms and ammunition.
HRS 134-7.3 Seizure of Firearms Upon Disqualification:
If you currently own or have any firearms, you have 30 days upon receipt of this letter to voluntarily surrender your firearms, permit, and ammunition to the Honolulu Police Department (HPD) or otherwise transfer ownership.
A medical doctor’s clearance letter is required for any future firearms applications of firearms from HPD evidence.
Personnel of our Firearms Unit are available to assist you. Please contact Officer D. Cruz at 723-3190 if you have any questions about your disqualification.
Chief of Police
By RAYMOND A. ANCHETA, Major Records and Identification Division
Federal firearm laws directly conflict with state medical cannabis laws. As Leafly points out, the US Bureau of Alcohol, Tobacco, and Firearms (ATF) Form 1140-0020, asks applicants if they are “an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.”
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.
In the letter, Ballard did not reference federal law. Instead, Ballard’s letter refers to Hawaii Revised Statutes (HRS), Section 134-7(a), a state law that does not pertain to cannabis in specific.
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.
Since medical cannabis is obviously not federally approved, technically a medical cannabis patient is a “fugitive from justice” under this blanketing state law.
Hawaii keeps electronic records of people who complete both the federal ATF and a state permit application to purchase a gun and and medical cannabis patients. Those records made it easy to compile a list of cannabis patients that also own weapons.