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How often do you encounter people who smoke a joint during a round? - Page 11

post #181 of 343
[=http://www.find-laws.com/statutes/missouri/t22/c327/327_441][/]

Here's an example. Once it goes to the board, it is their responsibility to decide whether or not usage interferes with your ability to perform your duties as a professional. Why take the chance that someone on the board is having a bad day that day.


Denial, revocation, or suspension of license or certificate, groundsfor.
327.441. 1. The board may refuse to issue any license or certificateof authority required pursuant to this chapter for one or any combinationof causes stated in subsection 2 of this section. The board shall notifythe applicant in writing of the reasons for the refusal and shall advisethe applicant of the applicant's right to file a complaint with theadministrative hearing commission as provided by chapter 621, RSMo.
2. The board may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any license or certificate of authority required by thischapter or any person who has failed to renew or has surrendered suchperson's license or certificate of authority, for any one or anycombination of the following causes:
(1) Use of any controlled substance, as defined in chapter 195, RSMo,or alcoholic beverage to an extent that such use impairs a person's abilityto perform the work of any profession licensed or regulated by thischapter;
(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder the laws of any state or of the United States, for any offensereasonably related to the qualifications, functions or duties of anyprofession licensed or regulated under this chapter, for any offense anessential element of which is fraud, dishonesty or an act of violence, orfor any offense involving moral turpitude, whether or not sentence isimposed;
(3) Use of fraud, deception, misrepresentation or bribery in securingany license or certificate of authority issued pursuant to this chapter orin obtaining permission to take any examination given or required pursuantto this chapter;
(4) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties of any profession licensed or regulated by this chapter;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of this chapter, or of any lawful rule or regulation adoptedpursuant to this chapter;
(7) Impersonation of any person holding a license or certificate ofauthority, or allowing any person to use his or her license or certificateof authority, or diploma from any school;
(8) Disciplinary action against the holder of a license or acertificate of authority, or other right to practice any professionregulated by this chapter granted by another state, territory, federalagency or country upon grounds for which revocation or suspension isauthorized in this state;
(9) A person is finally adjudged incapacitated or disabled by a courtof competent jurisdiction;
(10) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated by this chapter who is notlicensed and currently eligible to practice pursuant to this chapter;
(11) Issuance of a professional license or a certificate of authoritybased upon a material mistake of fact;
(12) Failure to display a valid license or certificate of authorityif so required by this chapter or any rule promulgated pursuant to thischapter;
(13) Violation of any professional trust or confidence;
(14) Use of any advertisement or solicitation which is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed.
3. After the filing of such complaint, the proceedings shall beconducted in accordance with the provisions of chapter 621, RSMo. Upon afinding by the administrative hearing commission that the grounds, providedin subsection 2 of this section, for disciplinary action are met, the boardmay, singly or in combination, censure or place the person named in thecomplaint on probation on such terms and conditions as the board deemsappropriate for a period not to exceed five years, or may suspend, for aperiod not to exceed three years, or order a civil penalty under section327.077, or revoke the license or certificate of authority of the personnamed in the complaint.
(L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1983 S.B. 44 & 45, A.L. 1999 H.B. 343, A.L. 2007 H.B. 780 merged with S.B. 308)
post #182 of 343
Quote:
Originally Posted by MrSandman View Post

I would like to know what professional license can be suspended for a possession or usage of marijuana charge.  Please give me the exact professional license and the state.

 

I think that's one of the dumbest things you've said. Seriously? You can't imagine that a professional license can be revoked when someone is arrested for using an illegal drug?

post #183 of 343
Quote:
Originally Posted by MrSandman View Post

 

I would like to know what professional license can be suspended for a possession or usage of marijuana charge.  Please give me the exact professional license and the state.

 

I am unaware of any medical or financial licenses that can be revoked for a possession or use of marijuana charge.  There are no states that will take away your legal license for possession or use of marijuana. 

 

I do not believe that anybody here has a professional license that would be revoked for a possession or use of marijuana conviction.

 

 

Are you for ****ing real? Im a supporter of pot, and even I cant understand how lost you are. Its aa criminal act, and you can have a work license revoked for it, period.

post #184 of 343

I've read a lot of the thread though not all. I get the impression that most who smoke weed feel that if a person does not want to participate, then its their problem and they should be the one to leave or stay away when golfing. I disagree, personally I think if you're smoking weed really it is your responsibility to smoke away from the individual(s) rather than theirs. I'm quick to ask people not to smoke next to me weed or just normal cigarettes. I don't see why I should stop talking or move from where I am because someone lights up.

 

Weed and smoking is far less prominent in scotland especially with the law that you cannot smoke indoors in any public area or place of work.(Homes are fine) Which I think is fair. You chose to smoke others did not.

 

As far as smoking weed goes on the course, go for it. But like many things if I was making other uncomfortable I may try to be as discrete as possible or excuse myself and respect their views. I think there is a lot of ill do as I like tough shit for you. When really people should just respect others whether they want to smoke weed or not.

 

At the end of the day weed is illegal. Alcohol isn't. but that is really neither here nor there. 

 

I have never seen someone smoking weed on the course or in another golfing environment. Though I know guys from work who do.

post #185 of 343
Quote:
Originally Posted by MrSandman View Post

 

I would like to know what professional license can be suspended for a possession or usage of marijuana charge.  Please give me the exact professional license and the state.

 

I am unaware of any medical or financial licenses that can be revoked for a possession or use of marijuana charge.  There are no states that will take away your legal license for possession or use of marijuana. 

 

I do not believe that anybody here has a professional license that would be revoked for a possession or use of marijuana conviction.

I get the feeling that we could fill a football stadium with the things you're unaware of.

post #186 of 343
Quote:
Originally Posted by shockingslicer View Post

 

 

blimey

 

that would pee me off , polygraphs are notoriously unreliable thats why we dont have them in courts and stuff here in uk

We don't have them in court either but I bet MI-6 employees take them.

post #187 of 343
Quote:
Originally Posted by iacas View Post

 

I think that's one of the dumbest things you've said. Seriously? You can't imagine that a professional license can be revoked when someone is arrested for using an illegal drug?

 

I am unaware of any professional license that can be revoked based solely on a conviction of simple possession or use of marijuana.  Please show me one if that is the case.  Instead of calling people or statements dumb, so where it is wrong.

 

You don't lose your right to earn a living for a minor misdemeanor/violation that does not involve moral terpitude.  That is a violation of the due process clause of the constitution.  Felonies, crimes of moral terpitude, or a showing ofbeing professionally unfit (which cannot be met by a simple marijuana possession charge) are the causes for loss of professional licenses.

 

Some people overstate reality and in turn come off looking foolish.

post #188 of 343
Quote:
Originally Posted by MrSandman View Post

 

I am unaware of any professional license that can be revoked based solely on a conviction of simple possession or use of marijuana.  Please show me one if that is the case.  Instead of calling people or statements dumb, so where it is wrong.

 

You don't lose your right to earn a living for a minor misdemeanor/violation that does not involve moral terpitude.  That is a violation of the due process clause of the constitution.  Felonies, crimes of moral terpitude, or a showing ofbeing professionally unfit (which cannot be met by a simple marijuana possession charge) are the causes for loss of professional licenses.

 

Some people overstate reality and in turn come off looking foolish.

Pot, meet kettle.

post #189 of 343
Quote:
Originally Posted by StrikeOne View Post

2. The board may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any license or certificate of authority required by thischapter or any person who has failed to renew or has surrendered suchperson's license or certificate of authority, for any one or anycombination of the following causes:
(1) Use of any controlled substance, as defined in chapter 195, RSMo,or alcoholic beverage to an extent that such use impairs a person's abilityto perform the work of any profession licensed or regulated by thischapter;
 

This does not say that you lose your professional license for a marijuana conviction.  This says that you can have yoru license revoked if ability to perform the work is impaired.  Impaired ability to work is not an absolute outcome for a marijuana conviction, there are more elements that must be shown.  And, the marijuana or drugs is treated exactly the same as alcohol.  You wouldn't say that you cannot drink because if you drink you will lose your license, which is essentially what you said for marijuana.

 

You don't lose a professional license based solely on a simple possession or use of marijuana conviction.  Those arguing against that point aren't reading the rules properly. 

 

I'll except the apology for those who questioned my above statement.

post #190 of 343
Quote:
Originally Posted by jetsknicks1 View Post

I get the feeling that we could fill a football stadium with the things you're unaware of.

 

So please show me the professional license that is revoked upon a simple possession of marijuana conviction.  I am unaware of any, and I think anybody who says that they could have their professional license revoked based solely on a marijuana possession conviction is not being honest with us.

post #191 of 343

I have no idea what professional licenses can or can't be revoked for marijuana charges.  That really isn't even the point.  The point is, in many professions, you are risking your job and livelihood if you partake.  That is fact. 

post #192 of 343
Quote:
Originally Posted by MrSandman View Post

 

So please show me the professional license that is revoked upon a simple possession of marijuana conviction.  I am unaware of any, and I think anybody who says that they could have their professional license revoked based solely on a marijuana possession conviction is not being honest with us.

Do you consider a CDL to be a "professional license"? Or are you only referring to Doctors, Lawyers, Physicians (misc.), etc.?

 

A CDL is a professional license which is required to "earn a living" for specific truck drivers, which you can lose for life if you are in possession.

post #193 of 343
Quote:
Originally Posted by Spyder View Post

Do you consider a CDL to be a "professional license"? Or are you only referring to Doctors, Lawyers, Physicians (misc.), etc.?

 

A CDL is a professional license which is required to "earn a living" for specific truck drivers, which you can lose for life if you are in possession.

He's too high class to know (or care) what a CDL is...

post #194 of 343

I generally consider professional licenses to be something like a bar membership, medical license, financial license, or other form of governing body seeing over a profession that requires entrance to, and continued membership in.

 

Even if you throw a CDL into this (not sure if I would consider it a professional license, but for the sake of argument let's do it), can you lose a CDL for mere possession of marijuana?  I don't know of any states where you could.  You could lose your CDL for distribution of controlled substances and marijuana.  You can lose your license for driving while impaired on marijuana.  But mere possession of marijuana absent any aggravating factors?  If so, I would assume that would be a minority of jurisdictions.

 

I did a quick google search and don't see any jurisdictions that will revoke a CDL for a mere possession of marijuana charge:

Illinois - http://www.illinoistrafficlaws.us/2012/02/11/grounds-for-disqualification-of-illinois-cdls/

Georgia - http://www.ms-firm.com/georgia_ga_cdl_lawyer_attorney.html

 

I think Ohio might be one of the few states that could possibly carry a CDL suspension for a marijuana possession.  So, there is one professional license (debatable) in a minority of jurisdictions that MAY (but might not) be temporarily suspended due to marijuana possession.  Hardly a huge ordeal.

post #195 of 343
Quote:
Originally Posted by MrSandman View Post

I generally consider professional licenses to be something like a bar membership, medical license, financial license, or other form of governing body seeing over a profession that requires entrance to, and continued membership in.

 

Even if you throw a CDL into this (not sure if I would consider it a professional license, but for the sake of argument let's do it), can you lose a CDL for mere possession of marijuana?  I don't know of any states where you could.  You could lose your CDL for distribution of controlled substances and marijuana.  You can lose your license for driving while impaired on marijuana.  But mere possession of marijuana absent any aggravating factors?  If so, I would assume that would be a minority of jurisdictions.

 

I did a quick google search and don't see any jurisdictions that will revoke a CDL for a mere possession of marijuana charge:

Illinois - http://www.illinoistrafficlaws.us/2012/02/11/grounds-for-disqualification-of-illinois-cdls/

Georgia - http://www.ms-firm.com/georgia_ga_cdl_lawyer_attorney.html

 

I think Ohio might be one of the few states that could possibly carry a CDL suspension for a marijuana possession.  So, there is one professional license (debatable) in a minority of jurisdictions that MAY (but might not) be temporarily suspended due to marijuana possession.  Hardly a huge ordeal.

A state's bar association may suspend or revoke an attorney's license to practice law over ethics violations.  Illegal drug use is considered an ethics violation.

post #196 of 343
Quote:
Originally Posted by Mr3Wiggle View Post

A state's bar association may suspend or revoke an attorney's license to practice law over ethics violations.  Illegal drug use is considered an ethics violation.

 

You cannot be disbarred for a simple marijuana conviction.  The ethics violations relating to criminal conduct have to be felonies or crimes involving moral terpitude. Simple marijuana possession doesn't qualify.

 

You can be disbarred (or more like, temporarily suspended) by a showing of being unfit to practice (similar to the language of the professional surveyor's license), but that requires a greater showing than a simple marijuana possession.  Simply using marijuana is not an ethical violation.  Go read your cannons of professional responsibility again if you took that away from your first read.

 

In fact, a majority of jurisdictions wouldn't even require you to report a simple marijuana conviction to their board of bar overseers.

 

Lots of assumptions here about the extent to which one can be punished for marijuana, but most of them are grossly overstated.  Most states actually treat marijuana similarly to having an open container of beer or being caught taking a piss on a sidewalk.

post #197 of 343
Quote:
Originally Posted by MrSandman View Post

 

You cannot be disbarred for a simple marijuana conviction.  The ethics violations relating to criminal conduct have to be felonies or crimes involving moral terpitude. Simple marijuana possession doesn't qualify.

 

You can be disbarred (or more like, temporarily suspended) by a showing of being unfit to practice (similar to the language of the professional surveyor's license), but that requires a greater showing than a simple marijuana possession.  Simply using marijuana is not an ethical violation.  Go read your cannons of professional responsibility again if you took that away from your first read.

 

In fact, a majority of jurisdictions wouldn't even require you to report a simple marijuana conviction to their board of bar overseers.

 

Lots of assumptions here about the extent to which one can be punished for marijuana, but most of them are grossly overstated.  Most states actually treat marijuana similarly to having an open container of beer or being caught taking a piss on a sidewalk.

I said you can be disbarred for ethics violations.  Illegal drug use is an ethics violation.  I used the word may.  You should learn how to read.  You're making a fool of yourself in this thread.  I know you want to desperately believe that there are no consequences for illegal drug use, but you are mistaken.

post #198 of 343

First of all, I said I COULD lose it.  I didn't say I would.  I would be reported to the board of licensure, which would then begin the decision process as far as what the future of my license would be.  They may decide that it was a one time deal, they may not.  First thing they're going to ask is how often I do it, I I want my answer to be never.  Bottom line is, If I get reported for a drug conviction I will face the board of licensure with revocation being a possible outcome.  Even if it didn't get revoked, I would still be on the board of licensure's radar for the rest of my professional career.

 

None of this has absolutely anything to do with this thread anyways.  We're drifting farther and farther from the purpose of the thread.  I answered the OP, and gave my reasons.  What are you trying to do?  Convince me that I should be out there lighting up with people on the course based on the fact that my license may not be revoked if I'm caught?  I've already said, I don't care if people smoke it, I just don't want to be around it.  If it was legal, I would probably smoke it too.  If that's your thing, have at it man.  I don't care.  But don't light that thing up next to me and not expect me to get a little pissy about it.

 

I'm done with trying to prove whether or not I would lose it.  It doesn't matter.  The language in the law states that it is a possible outcome, and I want nothing to do with that.

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