18 U.S. Code § 922 and Marijuana Use

[dranrab]

Thanks Frank, but I still find the "current user" definition rather vague. The inference examples from evidence of use in one or five years is clear, but these are just examples. The broader statement in the law that "the unlawful use has occurred recently enough to indicate that the individual is actively engaged in such conduct." could be interpreted differently by different courts and may include periods much shorter than one or five years. Likewise the broad statement in the case law U.S. v. Burchard "...the regular use of a controlled substance either close in time to or contemporaneous with the period of time he possessed the firearm..." is equally vague. I doubt that one's defense could successfully rely solely on the examples. Does anyone know of other case law that adds some clarity?

I wish they'd just put the pot issue to bed legislatively. It's way past time.

 

[herrwalther]

Nope. Doctors have to comply with the law as well. With the exception one very narrow federal test program (that last I heard only had four remaining participants), Marijuana is not a drug that can be legally "Prescribed."

About a year ago I was going through motions for marijuana use with VA oversight. Specifically not prescription, because that would violate CSA. The VA was looking for veterans who would be willing or are currently using to treat medical problems. Part of the program was the VA primary doctor would discontinue most if not all VA prescriptions to see marijuana was a viable treatment in lieu of VA prescriptions. I didn't meet some criteria for the trial and got denied. I am not sure if the trial ever got off the ground but it is some small federal level movement in a very popular demographic for studying use as a medical treatment. I do not and have not used marijuana in any form but it was worth a shot in trying to manage my symptoms.

Back on topic, simply put, as far as state vs federal law goes, you can either use marijuana (legally) at a state level or own a firearm. Not both. Here is a quick overview article.

https://www.usconcealedcarry.com/re...ederally-prohibited-from-possessing-firearms/