Medical cannabis + gun ownership = Fed felony

[Old Hobo]

"Even people who use cannabis for medical purposes risk severe penalties for daring to exercise their Second Amendment rights."

https://reason.com/2022/11/09/a-jud...or-banning-gun-possession-by-marijuana-users/

"President Joe Biden, who recently issued a mass pardon for low-level marijuana offenders, says cannabis consumption should not be treated as a crime. His administration nevertheless defends the federal ban on gun possession by marijuana users, arguing that Second Amendment rights are limited to 'law-abiding citizens.'

"Last week, a federal judge agreed, dismissing a challenge to that rule by medical marijuana patients in Florida. The reasoning underlying that decision shows that the constitutional right to armed self-defense, which the Supreme Court has repeatedly upheld, is still subject to legislators' arbitrary whims and irrational prejudices.

"Florida is one of 37 states that allow medical use of marijuana, most of which also have legalized recreational use—a policy supported by two-thirds of Americans. Under federal law, by contrast, marijuana remains illegal for all purposes except government-approved research, and simple possession is punishable by a fine of $1,000 or more and up to a year in jail.

"For marijuana users who own guns, the potential penalties are much more severe. They include up to 15 years in prison for illegal firearm possession, up to 15 years for 'trafficking in firearms' by obtaining a gun, and up to 10 years for failing to report cannabis consumption on the form required for gun purchases from federally licensed dealers." [emphasis Old Hobo]
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[Craig_AR]

Arkansas has legalized medical marijuana. Getting an Arkansas CHCL includes an FBI background check. If an applicant has a current medical marijuana card (even if never used) or has had one within the past year, the CHCL application will be denied, due to the clear violation of Federal drug laws.

Arkansas also is a Constitutional Carry state, so the CHCL is not required. That said, if an individual is arrested in possession of both a firearm and a medical marijuana card, I assume that the charge of possession by a prohibited possessor would be on the table.

 

[.38 Special]

Here in California - where marijuana is, for all intents and purposes, completely legal - it still is widely known that pot+guns is a terrible idea which can get you into all sorts of trouble. I personally have no problem with folks who want to smoke pot (or drink alcohol) but the reality is that, at least from a legal perspective, gun people really ought to stay away from it.

 

[Ethan Verity]

Speaking of this, I am always amazed at the boldness (or, more likely downright stupidity) of the hoodlums who show up at the public outdoor range, while actively smoking weed! I've seen such folks on multiple occasions, and they are always the type who couldn't hit the broad side of a barn despite having a fully decked-out firearm. The police do come through every now and then, it's such a stupid combination.

Even at the indoor range I frequent, which is very well staffed and has a dedicated RSO, people come in reeking of weed quite frequently.

 

[herrwalther]

As more and more states legalize, decriminalize, or allow medical use the grey area with gun rights grows to include more people. Until the federal government removes pot from the controlled substances list or makes all state laws allowing pot illegal again, nothing will change.

 

[crestoncowboy]

As more and more states legalize, decriminalize, or allow medical use the grey area with gun rights grows to include more people. Until the federal government removes pot from the controlled substances list or makes all state laws allowing pot illegal again, nothing will change.

Alcohol is legal. But still a gray area with guns in many if not all states. And alcohol influence testing is many times better and farther along. Its just a complex issue.

 

[GEM]

In NYS and NYC there is controversy over testing LEOs for marijuana and employment of those with medical cards. How they buy guns is undetermined.

The LGS points out the marijuana clause on the 4473. Then a guy will mention he has a card and the store refused the transaction.

Old Toot Joe is against legalization for some fossil reason. Probably thinks if you eat a brownie you will go around shooting your double barrel in the air.

 

[AlexanderA]

You have a choice: either use marijuana (whether justified or not), or possess guns. You can't do both.

The long-term answer is to decriminalize marijuana at the federal level. It will eventually happen.

 

[herrwalther]

The LGS points out the marijuana clause on the 4473. Then a guy will mention he has a card and the store refused the transaction.

Alabama just passed some sort of medical pot law. I haven't read all of it but it has changed interactions at gun stores. Some have put up signs on the door "If you smell like weed or have a medical marijuana card, you will be denied."

 

[Elkins45]

KY just took a very feeble step toward decriminalizing medical cannabis. It’s basically a preemptive Gubernatorial pardon for possession if you have a diagnosis of certain diseases. When I told some people they would have to choose between keeping their guns and buying ‘legal’ pot they were dumbfounded.

Most people have no idea what the federal rules around firearm ownership are. Or they are so used to lying about recreational drug use on a 4473 it just doesn’t register with them.

 

[vintovka]

Does anyone even believe that a verifiable, traceable, credit card transaction for an otherwise legal pot purchase would not be used in either a federal or state related firearm confiscation? Some years ago ATF already was busy visiting shops here in coastal OR ostensibly making copies of 4473s back to their inception/

 

[shafter]

There is no way that I would use marijuana in any form if I was a gun owner. Even in states where it is practically legal and local law enforcement doesn't care about it, it doesn't mean that if you end up in a shooting it won't come to light. So many gun owners are totally oblivious to this.

 

[RickD427]

Most cbd contains .3% thc so you can test positive.

That's true, but please note that while both "Marijuana" and "THC" are listed separately as being Schedule I controlled substances, the Controlled Substances Act specifically excludes THC that was derived from Hemp sources as being controlled.

 

[Smaug]

This is about making laws that sound like “common sense” to someone who only thinks about it for two seconds.

From what I’ve seen, drunks have much worse judgment than potheads, when they’re under the influence.

 

[AlexanderA]

It's simple: if you value your guns, don't use pot. And if you have a medical condition that would benefit from pot, you might want to explore other pharmaceutical alternatives.

 

[Meeks36]

That's true, but please note that while both "Marijuana" and "THC" are listed separately as being Schedule I controlled substances, the Controlled Substances Act specifically excludes THC that was derived from Hemp sources as being controlled.

True but how will whom ever know how the THC got into one’s system? In atlanta Ga they pretty much decriminalized pot because they can’t tell if it is “weed” or hemp. So get busted with a little bit and you walk away.

It’s kinda sad I take cbd and if something goes sideways I will get fired at work. Not sure if showing receipts for it would help or not. But from the limited research i’ve done cbd- thc helps fight cancer cells. Already had cancer once don’t want to go down that road again. Chemo sucks! They poison you to cure you.

 

[twofewscrews]

Curious question. Since thc stays in one’s system for such a long time. How can anyone prove you were under the influence at the time of the accident? Say you smoked a month before hand haven’t consumed any since. But still test positive on a UA. How can they say you are under the influence? Sounds like a lawsuit to me. If you can prove that you smoked a month before. But I could be wrong.

I believe there is a saliva test they can use to determine if you have smoked in the past 4 hours or so. I say believe because I know they (in the case I believe it was Colorado) were attempting to create and implement such a test but how far they came with creating the test and the data in regards to which departments use said tests are hard to get data on. I believe the tests were unreliable and were scrapped but I don't smoke nor do I live in Colorado so I'm not up to date.

 

[jag22]

This "situation" has existed for several years now. I am not aware of the rules being tested in court yet. If I'm wrong please let us know. My guess is something will happen to where a case will be pursued by some aggressive prosecutor and that will lead to some resolution or a change of the rules by the ATF but that may be years away.

 

[Old Hobo]

Having never used pot in any form, I'm clueless about the affects. But as Old Hobo said, I have meds that most likely affect me to the point I wouldn't drive or handle firearms. How they compare to marijuana is beyond my experience.

My meds don't affect my mind. They are turbo-anti-inflammatories and could cause my heart to be damaged (so far, my ticker has survived). Thus the Black Box caution. Anything opioid in nature makes me horribly ill and the same is true of millions of others. Actually, pain killers are just that and that alone -- they do not reduce the core cause of the pain which is inflammation. Inflammation damages the body! It has to be stopped one way or another.

Many anti-inflammatory cannabinoids also have zero mind-altering effects. It's just that the oils or whatever (?) shut-down the body's inflammatory response. For instance, one can even buy cannabinoid cream for skin inflammation. Some of that will get into the body, but it will NOT give you a buzz. It MAY give you a positive read on a drug test, however. "Danger Will Robinson!"

Far too many members of our current government, Executive, Legislative, and of course the Judicial, have law degrees (to include Biden), therefore one can just toss common sense out the window. Me personally, I consider lawyers to be folk who should be forbidden from serving in the legislature. Why? Attorneys are "officers of the court". Mixing of the three branches of the government is a Constitutional no-no. The three branches were meant to be separate. Separate means separate.

https://visual-eiffel.com/what-percentage-of-congress-members-have-law-degrees/

"In the last Congress, 39 percent of the House members were lawyers, along with 57 percent of U.S. senators. Four new lawyers were elected to the Senate and 16 were elected to the House in 2014, according to a list published by the National Law Journal."

So, the cannabis / firearms issue is yet another Catch-22. Attorneys love abstruse laws that can be used to entangle their opponents. Those who own firearms are now being targeted via mountains of senseless statutes.

Gulliver is still being tied-down by the Lilliputians. (Johnathan Swift was one exceedingly brilliant political satirist).

 

[jmorris]

Florida is one of 37 states that allow medical use of marijuana,

This is just another example of selective enforcement of our laws. Why all laws not enforced across the board equally should be abolished.

They keep getting closer to just having laws against conservatives that don’t apply to liberals.

 

[AJC1]

Point blank understand the goal, they want to ban firearms. Cannabis is just a very helpful tool in accomplishment of that goal.

 

[twofewscrews]

Marijuana stores are cash-only businesses, as the credit card companies and banks have opted out of supporting this business, legal or not.

Hence the ever-growing instances of pot store robberies throughout the states that have legalized the substance.

A co-worker of mine has used/uses his credit card to buy weed from a smoke shop in Rochester, NY. I assume the store is classifying the sales as something other then a weed sale.

IF I did smoke weed I would never use a credit card.

 

[Hikingman]

It's all about the judicial system, and may be softer or harder felt in some states/ interpretations compared to other locales.

 

[hso]

That went off topic for THR and the thread right away into non-2A territory.