Medical Marijuana & the Second Amendment
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Medical Marijuana & the Second Amendment


It is a felony under federal law, punishable
by imprisonment up to ten years, to possess a firearm as an unlawful drug user, and that
includes users of marijuana. Marijuana is currently classified as a Schedule
I substance under the Controlled Substances Act, which means that marijuana has no medicinal
value whatsoever, and therein lies the contradiction between state and federal law because clearly,
the states that have legalized marijuana for medicinal purposes believe that it does have
medicinal value. The right to keep and bear arms is a fundamental
right belonging to all Americans, and courts have only allowed the government to take that
fundamental right away from persons who have been deemed “too dangerous” to be trusted with a firearm. Up until this point in virtually every case,
the challenger to the marijuana ban as applied to firearm owners has been a criminal violating
state and federal law. The trouble that courts are going to have
with that approach going forward is that now we have law abiding citizens who are acting
in compliance with state law, and are acting in compliance with doctor’s orders, who
want to be able to possess marijuana for medicinal purposes, and these courts are going to have
to consider whether it’s appropriate to treat these people the same as they treat
career criminals. On August 31, 2016, the Ninth Circuit decided
Wilson v. Lynch, which got a lot of attention because it was the highest court yet to address
a gun ban as applied to a medical marijuana card holder. The court ultimately upheld the ban based
on surveys and studies that established a tenuous connection between violent criminals
and, uh, illegal drug use in general, including cocaine and heroin and what have you. State laws are generally far more lenient
in regards to firearm ownership and marijuana use. The best case for allowing medical marijuana
users to possess firearms is that no person should have to choose between a medicine they
need and the ability, and right, to defend themselves. The best case for preventing medical marijuana
users from possessing firearms is probably that marijuana is a mind-altering drug and,
for public safety purposes, the government has a duty to prevent people who are not in
the right state of mind from possessing firearms. It is hard to say where this is all gonna
lead. Generally speaking at the state level, law
enforcement officers seem to have very little interest in busting someone for having a firearm
and for also possessing marijuana when both acts, individually, are in compliance with
state law. Yet, at the same time, it remains a serious
federal offense. With firearm ownership and legalized marijuana
use both at all-time highs, it’s safe to assume that many many people are going to
be affected by this issue, and many of which won’t even realize they are violating a
federal law.

25 Comments

  • Rusty Shackleford

    I know that it is illegal to be in possession of a firearm when intoxicated, so obviously it's a no-no with marijuana. In fact, it's worse since it's a schedule 1 substance, whereas alcohol isn't even registered.

    BTW: Medicinal, yes. Recreational, no.

  • Herry Spinkernail

    They can not and would easily lose in supreme Court because there is no way for them to say that you are intoxicated without failing a DUI test so NO THEY CAN NOT ARREST YOU FOR FUTURE CRIME ITS EASY THEY HAVE AN INEBRIATION TEST SO IF YOUR FOCUS IS OFF ( YOU COULD HAVE THESE SYMPTOMS FROM OTHER THINGS OR VARIOUS DRUGS) IF YOU CANT CONTROL YOUR MOTOR SKILLS AND ARE DIZZY (CANT WALK ON STRAIGHT LINE) EYES BECOME LAZY AND YOU ARE IN PUBLIC ZONE THAN MAYBE THEY COULD SAY YOU WERE DANGEROUS BUT THEY CANNOT ( WITHOUT PULLING SOMETHING ILLEGAL) PUT YOU IN JAIL WOTHOUT FIRDT PROVING BEYOND A REASONABLE DOUBT THAT YOU WERE INTOXICATED BUT NOT THAT YOU WERE JUST INTOXICATED BUT YOU HAD THAT GUN AT THAT MOMENT OF ARREST IN POSESSION BUT NOT JUST IN POSESSION BUT LEGALLY THE Y WOULD HAVE TO SHOW THAT YOU HAD INTENT LEGALLY THEY CAN NOT DO SHIT WITHOUT MOTIVE OR INTENT ESPECIALLY SINCE ALL OF THIS IS SO CONFUSING IN REALITY HOW DOES IT WORK THEN WITH OFFICERS ON OPIATE MEDS HUH?? OBVIOUSLY THEY ARE NOT ALLOWED TO BE ON MEDICATION WHILE IN A FIRE FIGHT BUT SIMPLE POSSESSION IN CONSTITUTIONALLY LEGAL AND ALL THESE AMENDMENTS WERE ILLEGAL THAT THEY ARE TRYING TO USE DONT LET THEM TRY TO SCARE YOU JUDGES DONT LIKE CIRCUSES NOR DO DA. YOUR LAWYER WILL FIND ALL THE MISTAKES THEY MADE (WHICH WILL BE MANY AND THESE PEOPLE CAN NOT FIGHT YOU IF YOU HAVE AN ACTUAL MEDICAL AILMENT) AGAIN WE ARE ALOUD TO DRIVE AND HAVE MEDS JUST NOT BE ON THEM IN TIME OF DRIVING SO THEY HAVE NO BACKBONE OR BARRING TO STAND IN WHEN IT COMES TO CHARGING YOU FOR FUTURE CRIME. THEY CANT EVEN SAY YOU WHERE A MENACE AND YOU WOULD BE ABLE TO USE STATE GUIDES AS EVIDENCE ESPECIALLY WHEN IT COMES TO LEGITIMATE STUDIES ON THE MEDICINAL VALUE THIS IS THEM DOING SHADY SHIT AND THESE KANGAROO COURT ARE BREAKING DOWN WITHIN THEY ARE TRYING TO OVERFILL PRISONS SO THEY CAN GET A BIGGER LOAN AND SAY THEY NEED THE MONEY WHEN THEY ARE STEALING MONEY I HAVE NO IDEA WHY NO LAWYER IS SMART ENOUGH TO TAKE IT TO SUPREME COURT ITS EASY ESPECIALLY WHEN IT COMES TO SECOND AMENDMENT THEY HAVE TO PROVE THAT YOU ARE A DANGER TO YOURSELF OR OTHERS BECAUSE ANYONE CAN SEE VIOLENCE CAN BE CAUSED BY PSYCHOTROPIC MEDICINE WAY MORE THAN MMJ AND THAT WOULD BE PROVEN OBJECTIVELY IN SUPREME COURT WITH A JURY ESPECIALLY IF YOU TESTIFY TO ITS MEDICINAL BENEFITS AND HAVE WITNESSES TO YOUR AILMENT EVEN IF YOU DIDNT HAVE YOUR CARD! LAWYERS NEED TO STOP BEING PUSSIES AND START TRYING TO BRING THIS TO SUPREME COURT!

  • Jody Lewonas

    What about people on opiates, when abused I have seen some crazy violence just to obtain the drug. MMJ has a very calming effect. I just don't see this being a problem unless drug dealers are involved. It is quite a process to get MMJ as well as the state of Fl is not allowing you to smoke. It is truly medication and the people that do get it need it. Don't think being very ill and use of MMJ is going to cause an epidemic of randomly sick people start running around shooting. They aren't high or confused. Low THC. Drinking and guns don't mix, I have been a vovc that involved alcohol and a gun. I was not drinking nor did I have the gun. Just leave it at that.

  • Howard Sprague

    As an recently disgruntled 30 year NRA endowment member, and as someone who personally knows veterans with PTSD and MS patients who have had their 2nd Amendment rights denied, this issue drives me nuts.. The NRA, who's motto is "freedom first", has been completely silent on this issue, which I consider a de facto endorsement of the marijuana/gun policy.. The Trump administration, which won formerly blue states in part because of a strong pro 2nd Amendment platform, both support this anti-gun Obama instigated DOJ policy.. The "public safety" nature of this issue is nothing but a red herring, and it's used as an excuse to deny an unalienable natural right to American citizens that "shall not be infringed".. The main reason for this is so that big pharmaceutical lobbies can continue to push their products without competitive alternative medications for chronic pain, PTSD, etc.. It's no more complicated than that!.. The current Washington pseudo outrage over the opioid epidemic, while simultaneously refusing to legalize medical marijuana, is the epitome of political hypocrisy.. It is also important to note here that the 2nd Amendment is the ONLY right in the Bill of Rights that can be summarily denied without due process in 2017.. As of now, the Trump Administration is on the record for having sided with the insanely ant-gun 9th Circuit Court.. And unless something gives, the Administration will apparently be soliciting the SCOTUS with their "public safety" nonsense, which I'm sure Justices Sotomayor, Ginsburg, Stevens, and Kagen will predictably rule in favor of.. Hopefully though, Thomas, Gorsuch, Alito, Kennedy, and Roberts, will see past this politically cash inspired charade and right this wrong once and for all.. A proper Court ruling will NOT legalize marijuana at the federal level, as this is still arguably a legislative issue, however, the SCOTUS needs to immediately halt the unconstitutional denial of a natural right, posthaste!..

  • alan sullivan

    It is a shame but the laaws can make a perfectly honest person a criminal so basically they make good people buy unregistered guns for their own protection both literally and legally then if you want weed just get it from the best dealer around-that really makes sense

  • Zone23 Shooter

    They offered me 5 years no parole because I own legal guns with receipts and had legal marijuana with a medical card. Just because they were both together in my home I was arrested and charged with several felonies. I have court coming up soon, this is just ridiculous

  • Damname of Damnation

    our government are fucking criminals. i was DUPED into this shit because i have a son who is desperately in need of medical marijuana and i got him a card and i got a card too so
    i could go get his medicine. it was not explained to me during the process of getting these cards that i would have to give up firearms (if i had any, which i dont anymore). from personal
    experience….. weed does not alter the mind in any negative way other than making a person paranoid for a few minutes that the police is gonna bust in the door and slaughter everyone.
    i am so sick of the gov taking our freedoms in a country build on freedom. i am so sick of watching the gov ruin countries around the world for resources and god knows what else. america the enslaved and the home of the brainwashed. DEAR GOV…..YOU DONT FUCK WITH THE 2ND AMENDMENT! YOU ARE CHARGED WITH UPHOLDING THE FOUNDING LAWS….NOT TAKING THEM
    AWAY FOR CORRUPT REASONS! Our gov needs a HARD RESET and the ban hammer thrown at those who would fuck us out of our rights. if i only had the resources the leave america i would.
    KEEP YOUR GODDAM WEED!

  • Edward Wright

    Marijuana was made illegal because of financial and political reasons. It gave control political and financial to certain people for their own gain. It has nothing to do with marijuana being dangerous. We need to start telling the injustice of this by our government

  • Dizzy Justin

    Shout out to all the retards who support NRA hahahahaha you think they give a fuck about your gun rights hahahaha. They were bought out by the feds long ago you dummies.

  • Michael Alker

    There is a clause under 27 CFR as 478.1 , which prohibits addicts and drug users from owning a firearm, that says ; " and any person who is a current user of a controlled substance IN A MANNER OTHER THAN AS PRESCRIBED BY A LICENSED PHYSICIAN. . . " . My question is, if a doctor prescribes medicinal marijuana to you then how can they clump you in with addicts and drug abusers who shouldn't own a firearm ? Next they will tell you that because you broke your leg and we have to prescribe you some pain meds, so you have to turn your gun in at the pharmacy when you pick up your drugs.

  • Michael Alker

    Ask yourself, who benefits from this ? First, Big Government because an unarmed populace can't fight back tyranny. Secondly, Big Pharmaceutical Companies because why try cannabis when "WE" already have what you need, despite the thousands of people who have died because of their drugs. Someone please explain to me how anyone can consider a pothead as dangerous ? I mean, most people I know that smoke weed just want to eat and go to sleep.

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