Can medical marijuana patients own guns?

[rambone]

Someone emailed me an article I had not heard about before. Anyone have more information about this?


Firearms limits anger marijuana patients

Regennitter is also a hunter and gun owner. According to a new memo from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, it is illegal for him or any registered medical-marijuana patient to own or possess firearms or ammunition.

The letter written last week by ATF Assistant Director Arthur Herbert to all federal firearms licensees gave them guidance on what to do if a firearms customer reveals that he or she is a medical-marijuana patient.

According to the letter, "any person who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by federal law from possessing firearms or ammunition."

 

[Panama]

I think question 11 - E has your answer.
The Feds still look at Marijuana use as illegal and do not recognize it as medicinal.
In Kalifornia and other locals, they just seem to look the other direction.........temporarily.

 

[Double T]

Unlawful user. It's a state vs. fed rights thing. Fed says no, state says yes to medical marijuana.

So, you are a legal user in the eyes of the state, but illegal to the feds.

Sucks for sure for people that don't abuse it and actually use it medicinally.

 

[rambone]

Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?

This language would ban gun ownership for cigarette smokers, alcoholics, coffee drinkers, energy drinks, prescription drug dependency, etc etc etc.

Highly disturbing.

 

[Double T]

An unlawful user would be someone who takes something beyond it's label, and uses it to "get high" or drunk or what have you.

Say a person who takes something with pseudo-ephedrine and chemically filters it out, and then makes meth; or buys it from someone who did. I'm not doing anything different with mountain dew (or coffee), or cigarettes, to obtain the said stimulant/depressant. I'm not drinking cough syrup to get drunk.

I believe that is what is intended by the wording.

 

[Deadly Z Driver]

Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?

This language would ban gun ownership for cigarette smokers, alcoholics, coffee drinkers, energy drinks, prescription drug dependency, etc etc etc.

Highly disturbing.

Hmmm, Wow I think the way that is worded it definitely says cigarette smokers cant buy guns...

 

[LPMan59]

except that tobacco and alcohol are not defined under the CSA of 1970. Read the whole law. context is key, people.

Marijuana is a Class I controlled substance under the Federal CSA- meaning it has no recognized medical use according to the DEA (right or wrong). Therefore anyone using "medical marijuana" is in violation of this law and therefore in violation of the gun laws.

Should a patient require THC for medicinal purposes, such as refractory nausea/vomiting or chemo-induced/AIDS induced wasting, have the MD write a prescription for Marinol- which is a Class III substance.

I don't write the laws. But that's how it is.

 

[rambone]

except that tobacco and alcohol are not defined under the CSA of 1970. Read the whole law. context is key, people.

The text doesn't reference any previous legislation. The wording leaves room for broad interpretation.

any depressant, stimulant, or narcotic drug, or any other controlled substance.

 

[Deadly Z Driver]

except that tobacco and alcohol are not defined under the CSA of 1970. Read the whole law. context is key, people.

Marijuana is a Class I controlled substance under the Federal CSA- meaning it has no recognized medical use according to the DEA (right or wrong). Therefore anyone using "medical marijuana" is in violation of this law and therefore in violation of the gun laws.

Should a patient require THC for medicinal purposes, such as refractory nausea/vomiting or chemo-induced/AIDS induced wasting, have the MD write a prescription for Marinol- which is a Class III substance.

I don't write the laws. But that's how it is.

Nicotine is a stimulant as well as caffeine.

 

[LPMan59]

Nicotine is a stimulant as well as caffeine.

agreed.

but those substances aren't part of the set of laws that govern gun ownership.

 

[LPMan59]

The text doesn't reference any previous legislation. The wording leaves room for broad interpretation.

any depressant, stimulant, or narcotic drug, or any other controlled substance.

on the 4473 question? yes. but if you actually read a little bit, you will discover new things! The gubmint doesn't consider ignorance of the law to be a defense.

 

[downzero]

An unlawful user would be someone who takes something beyond it's label, and uses it to "get high" or drunk or what have you.

Say a person who takes something with pseudo-ephedrine and chemically filters it out, and then makes meth; or buys it from someone who did. I'm not doing anything different with mountain dew (or coffee), or cigarettes, to obtain the said stimulant/depressant. I'm not drinking cough syrup to get drunk.

I believe that is what is intended by the wording.

Seems that you fail to understand how the logical operator "or" works.

"Wording" does not have intent.

 

[Double T]

Seems that you fail to understand how the logical operator "or" works.

"Wording" does not have intent.

Must've missed that lesson. At the time the legislation was written, did they not put warning labels on cigarettes? It was before my time after all

 

[LPMan59]

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person - (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year (2) is a fugitive from justice; (3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (4) has been adjudicated as a mental defective or has been committed to any mental institution; (5) who, being an alien - (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))); (6) who (!2) has been discharged from the Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced his citizenship; (8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that - (A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and (B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or (9) has been convicted in any court of a misdemeanor crime of domestic violence.

 

[Deadly Z Driver]

agreed.

but those substances aren't part of the set of laws that govern gun ownership.

As long as your not buying from an FFL I guess your right...

 

[mrjarrell]

Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?

This language would ban gun ownership for cigarette smokers, alcoholics, coffee drinkers, energy drinks, prescription drug dependency, etc etc etc.

Highly disturbing.

It might come to that if a certain candidate gets elected and decides to impose his religious beliefs on the nation. As for the OP, it's not new news. We've discussed this a few times before. Personally, if I were a medical marijuana patient I'd lie and always keep a few extra firearms hidden away where the cops couldn't steal them.

https://www.indianagunowners.com/fo...ot_activist_after_home_invasion_shootout.html

 

[LPMan59]

"The term 'controlled substance' means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986." 21 U.S.C. § 802(6)

 

[LPMan59]

As long as your not buying from an FFL I guess your right...

no, I am right. completely.

I posted the laws.

 

[Double T]

Yep. Nicotine nor caffeine are scheduled substances, therefore the line on 4473 does not apply.

 

[Panama]

The text doesn't reference any previous legislation. The wording leaves room for broad interpretation.

any depressant, stimulant, or narcotic drug, or any other controlled substance.

Funny thing is, I'm still good to go! No matter the interpretation.