Tuesday, January 29, 2013

Medical marijuana and firearms

Karl Denninger makes an interesting point about firearms ownership and the (legal) use of medical marijuana.

You know that 4473 form?  Yeah, the one that asks about the use of illegal drugs?

Well, what about medical marijuana -- if it's legal in your state?

Guess what -- there appears to be a rather strong presumption at the federal level that this is a disqualification for ownership of firearms!

. . .

This looks like something that is going to severely play hell with people who were foolish enough to believe that their state laws would protect them...... and incidentally, if you bought a gun while having a medical marijuana "prescription" and answered "No" to that question on the 4473, there are those who would argue you committed a federal crime and should be prosecuted for "lying" on that form -- including, it appears, President Obama and Biden!

There's more at the link.

With 20 states and the District of Columbia having legalized the use of medical marijuana, this could get very interesting . . .



Wraith said...

I still can't find where in the Constitution the FedGov is given any authority to regulate drugs in any way.

Not that the Constitution matters any more...

Sherm said...

This potential tempest presupposes that the feds actually prosecuted based on the form. I recall reading last week a statement to the effect that they don't have time for that.

Anonymous said...

Given the decision in this case:


I bet you could make a good case that the federal government can't make you answer that question.

Richard said...

I would point out in OR our Supreme Court held that possessing a Medical Marijuana Card was not a valid reason to deny a CHL applicantion.

So in OR you can have a marijuana license and a concealed carry license.