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Can Medical Marijuana Patients Legally Own Guns?

September 7, 2017
Can Medical Marijuana Patients Legally Own Guns?(beusbeus/iStock)
Is it legal to own a firearm as a legally registered medical marijuana patient? The simple answer is no, but how strictly is this law enforced?

Related

Guns or Cannabis: Which Is More Strictly Regulated?

Cannabis and Gun Control Policy

Christopher Morales, a California criminal defense attorney, provided some legal insight into this complex matter. “The Gun Control Act of 1968 prohibits anyone from possessing guns if they use or are addicted to cannabis,” Morales explained.

“The Gun Control Act of 1968 prohibits anyone from possessing guns if they use or are addicted to cannabis.”
Christopher Morales, San Francisco criminal defense attorney

The exact wording of the federal law prohibits any “unlawful user” or addict of cannabis (or any other federally restricted substance) from purchasing guns, even if that individual resides in a state with legal medical or adult-use cannabis laws.

A Nevada medical marijuana patient named S. Rowan Wilson challenged the ruling after she attempted to purchase a firearm for self-defense in 2011. When the gun store refused to sell to her, she filed a lawsuit challenging the federal statute against gun ownership by a lawful marijuana patient.

Related

Where Can I Smoke Legally in a Legal State?

The case went all the way to the 9th US Circuit Court of Appeals, where, on August 31, 2016, Chief District Judge Gloria Navarro ruled that a federal government ban of gun sales to abiding state-legal medical marijuana patients does not violate the Second Amendment.

The Background Check Loophole

Although the ruling makes this policy seem pretty definitive, that’s not always the case, according to Morales.

“The fact is that for gun purchases, every state is different. Some states require a background check, and are required to call in to check their criminal record, but they’ll get put on hold or can’t get through and just hang up,” he said. “Some states, like Georgia, are the easiest to buy a gun in. You can walk into a flea market and purchase a gun, no problem.”

Related

Can You Legally Transport Cannabis Across State Lines?

US federal law clearly states that all licensed firearm dealers must perform background checks on those seeking to purchase a gun. However, unlicensed firearms dealers, such as those at gun shows, are not required to perform background checks. Approximately 22% of all firearm sales take place between unlicensed sellers who do not perform background checks. This conundrum is often referred to as the “gun show loophole.”

Eleven states (and one district) have closed the loophole by requiring background checks at the point of sale for firearms:

Related

Do Medical Marijuana Patients Give Up Their Right to Bear Arms?

Eight states require not only a background check, but also a permit for private purchasers:

It’s worth noting that none of these states specifically ban gun ownership by medical marijuana patients or adult cannabis consumers. However, if a gun owner ends up facing a large-scale cannabis cultivation charge or a possession with intent to sell charge, they may face additional aggravating factors for the connection of a firearm, in addition to a perjury charge.

Related

Washington Family Faces 20 Years in Federal Prison for Legally Growing Medical Marijuana

The ‘Full Disclosure’ Catch-22

After the Ninth Circuit Court ruling, the Bureau of Alcohol, Tobacco, Firearms and Explosives added a warning to the Firearms Transaction Record, or Form 4473, amending the question regarding whether or not the prospective firearm owner uses or is addicted to marijuana:

“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”

“Just say the four magic words: 'I want my attorney.'”
Christopher Morales

Saying “yes” means that even otherwise law-abiding medical marijuana patients or adults using cannabis in a legal state are not considered eligible to own a gun under federal law. Saying “no” is considered perjury and is punishable as a felony under federal laws. However, this law only applies if the gun sellers do their due diligence in completing the background check process to legally own a gun, and the regulations on gun purchases are lax and rarely enforced.

If you’re trying to cooperate with law enforcement, should you disclose that you’re carrying a firearm if you’re a lawful medical marijuana patient? We asked Morales outright whether people should disclose if they’re carrying a legally registered weapon or if they have cannabis in the car for medical purposes.

Related

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“I recommend never confessing to police if you have drugs or guns in your vehicle,” he insisted. “You are under no obligation to disclose that information.”

Instead, he made a different recommendation. “Just say the four magic words: ‘I want my attorney.’”

Lisa Rough's Bio Image

Lisa Rough

Lisa is a former associate editor at Leafly, where she specialized in legislative cannabis policy and industry topics.

View Lisa Rough's articles

  • Make no mistake, this article was written by a liberal democrat, trying to act like they’re “pro-gun”, or at least “in the middle”.

    “The Background Check Loophole”.
    Looks like they’re still perpetuating that myth. It’s not a loophole. Loophole means “an ambiguity or inadequacy in the law or a set of rules”. The law was written with very specific language, meaning it’s not ambiguous. It’s also not “inadequate”, because it’s being discussed in the law.
    Then the author uses the phrase “unlicensed firearms dealers”. There’s no such thing as an “unlicensed firearms dealers”, that’s a made up term by the left, in an attempt to incriminate citizens that choose to sell their privately owned firearms.

    Again, no loophole. No “unlicensed firearms dealers”.

    Then to make it as bad as possible, the author quotes “I recommend never confessing to police if you have drugs or guns in your vehicle,” he insisted. “You are under no obligation to disclose that information.” which is absolutely wrong. In some states, you are required to immediately disclose that you are carrying a weapon to an officer if pulled over on a traffic stop. Follow the law, not the author, if you want to be safe, and free from jail!

    • Joe Garcia

      wow, you were paying attention. i caught that too and was about to post BULL SHIT to that statement. This article is somewhat relevant but also has some very factual inaccuracies. I am surprised he didn’t mention 30 round magazine clips and military grade weapons that fire 3000 bullets per second on one pull of the trigger too.

  • ramrodd

    Mental health is the avenue to gun control..

    American Psychiatric Asso: Half of Americans are mentally ill..
    After crafting by politicians and Media all will be crazy except for them..

    300 million prescriptions for psychiatric drugs were written in 2009 alone..
    Your children on medication for ADHD?
    Single woman with children diagnosed with depression?

    be careful what you ask for

    • Ricarrdo estavans

      Seems about right because half the population is female.

      • Namaste

        Wow! Really?!?!!!
        Is there any other way of interpreting this other than believing you’re a misogynist?
        Am I missing something?
        Haven’t even smoked today…

        • Ricarrdo estavans

          After dealing with psychotic, emotionally stunted, bullying, conniving, back stabbing, thieving women for over 50 years, yeah I am a misogynist and DAM PROUD. So what. I

  • ramrodd

    Big Pharma puts millions upon millions on drugs and then convince the people that the mentally ill should not have guns, the sheep agree, not realizing they just targeted themselves..

    First, you build a medical/pharmaceutical industry that successfully pushes the notion that every little sorrow, nervous twitch, or bit of restlessness is a “disease” that needs to be treated with psychoactive drugs. Then you go on a holy crusade to take guns away from the “mentally ill” (and all the bobbleheads who haven’t thought about the implications repeat “good idea, good idea, good idea”)

    So with the consent of the ignorant, complacent, well-programmed, and the devious slimeballs who take advantage of all of the above, any one of the millions who’ve been propagandized into taking one of those psychoactive drugs can become a candidate for losing his or her gun rights. No due process, no nothin’. (Added: Well, maybe the opinion of an authoritarian, anti-gun counselor or shrink.)

    It’s just too-too perfect. Politically elegant.

    The people who are so eager to grab the guns (you will not be surprised) don’t much care whose guns they take in the process. Because after all, the point isn’t preserving rights, it’s taking rights from one and all. Grab the guns from the “wrong” guy? But there are no wrong guys when it comes to taking away firearms!

    Oh yeah, and it helps if you also set up “medical privacy” systems that centralize your health-care data and share it willy-nilly with “authorities.”

    And how many gun owners who would never dream that their depression, anxiety, or ADHD constitutes a “mental illness” will remain blissfully ignorant until

    Authoritah comes for them?

    And how many of those gun owners will have, in fact, supported the laws to “take guns out of the hands of the mentally ill”? But wait! Not me! You were only supposed to take some dangerous wacko’s guns! Sorry, guy. You’re the dangerous wacko now, dontcha know?
    Claire Wolfe

    • Ricarrdo estavans

      YOU NAILED IT.

    • Namaste

      Yes, yes, yes!
      No one knew or cared that I drove, owned and actively used guns, some fully auto (I have a shooting range on my property) during a time when Docs were pushing big pharma including 6 – yes SIX Klonopin down my throat PER DAY & that’s just for starters – yet have an issue with my cannabis use rather than “invisible” and waaaay more dangerous pharmaceuticals?
      Then we have to address “mental illness” vs traumatic brain injuries, PTSD. What about those with fibromyalgia? Where is the line drawn? Not with the gun ownership of responsibile individuals. People – thugs, lack of humanity & crappy people cause firearm fatalities, not the damn firearms! These people WILL obtain firearms regardless of laws & let’s be honest…how many anti-NRA hypocrites here were or are out there breaking the law simply by smoking cannabis in the first place? It IS still against federal law. Get real.

      @ramrodd…just for fun – if I own 12 firearms & the government comes & takes those 12 guns away, how many do I have left?

      • ramrodd

        come back when you have more than 5 total comments…

        YOU FRAUD

  • Bruce Gordon

    As a Federal FireArms Licensee, When I travel I have a FireArm in my Possession, at ALL Times, AND it is ALWAYS Part of my Inventory, and Logged into my ATF Bound Book… This way any STATE or local LEO who relieves me of Possession, for ANY Length of Time, of said FireArm, commits a Federal Felony, as an Illegal Transfer of Possession of said FireArm without the REQUIRED Notations in my ATF Bound Book, and the appropriate ATF Form 4473 being Executed…. There is NO EXEMPTION for State or local LEOs in the FireArms Act of 1968, as amended, for such a transfer, PERIOD… and if such a Transfer of Possession was attempted, I would report the attempt to the nearest ATF Office, and DEMAND that they Prosecute the matter to the Fullest Extent of the LAW…. Only a US Marshal, or an ATF Agent WITH a Federal Warrant may take Possession of my Inventory, without such Paperwork being executed…. Just Say’en…. Ignorance of this Federal Statutes provisions, is NOT a Legal Excuse for violating said Statutes provisions….

  • timedonkey

    Everyone knows that Guns and Alcohol seldom mix well, Self Government degrades and anger seems easy, not so in God’s Sweet Kingdom, the herb folks are famously known for their peaceful World View. Get real if you are worried about Gun violence then there would be a law Requiring Gun owners to use Marijuana. Start this Intervention as soon as possible. People who are worried about the dangers of marijuana and driving are looking in the wrong direction, check the local bar ……

    • Lisa Gage

      Working so hard to find the truth in driving in California. It is a real passion driving and want the roads safe like everyone so the testing and standards have to be clear and not mixed in the DUI current laws for drugs and alcohol. Also the test you with unreliable methods, ruin your life, attain fees to the extreme only to find there are no testing standards to hold up in court. It is the ask ???? after life is ruined and the oppppssss were bad. This is a very intense and interest thing that is an animal all it’s own here. With all the fire about regulating driving has been kinda shhhhhhh cuz the don’t want you to question the law enforcement when confronted with testing. There are rights people have they don’t even know about. So happy learning. I say do the research and know the right answers with the best tools available.

    • Bob

      “People who are worried about the dangers of marijuana and driving are looking in the wrong direction, check the local bar ……”

      I disagree. What happened to MY rights to NOT have these morons run into me or sideswipe me as has happened with a person on their “very important phone call”??

      • BruceD13

        Yeah, that’s true. But who’s Moore likely to sideswipe you – someone who’s drunk or someone who’s stoned? I think the drunk would be more likely.

        • Bob

          what is the difference? you STILL got side swiped.,
          I had it happen to me with a woman on her “important phone call”
          sideswiped me in my classic 69 Charger!!!

    • Ricarrdo estavans

      Smoke a blunt then participate in a drive by.

      • Snegurochka

        Trump lie from a fool.

        • Ricarrdo estavans

          Hey moron, I’am only responding to what I actually see with my own eyes. Did you ever hear of facebook. Imbeciles doing driving by’s while smoking weeeeeeeeeeeeeeeeeeeeeeeeed.

          • Snegurochka

            Sure you’re a Bernie supporter, booger. We believe that. Like hell we do.

          • Snegurochka

            Sure you’re a Bernie supporter, booger. We believe that. Like heck we do.

        • Ricarrdo estavans

          One more thing you doped up, dumbed down clouded brain idiot, I am a bernie sanders supporter.

  • Jackson Shredder

    Just don’t buy legally. Problem solved.

    • Geri Zimmer

      The question is “what if you are not addicted to any of those drugs/” Who determines that?

  • Snegurochka

    This is a complete misreading of the holding.
    First, the questionnaire only applies to the purchase, not the ownership, of guns.
    Second, the court merely held that the gun store did not violate the attempted purchaser’s Second Amendment rights. It never held that another gun store could not make a different decision.
    No need to propagate misinformation, Leafly!

  • Snegurochka

    I invite Christopher Morales to actually read the holding in the Wilson case. One of the remedies the court mentioned as how the refusal to sell the gun did not violate the Second Amendment is that she could have bought the gun before she got the med card.
    That directly contradicts the statements in this article.

  • Snegurochka

    ” As explained above, Wilson may purchase firearms before acquiring or after surrendering a registry card. ”
    S. Rowan Wilson v. Loretta Lynch et al., #14-15700, US district court for Nevada holding at page 24.

  • Gabriel Omen Molina

    Wheres the NRA fighting now for our gun rights? They get involved in every other piece of legislation regarding gun owner rights well? National Rifle Association where are your spokesmen now?

    • Fun Please

      Write them with your membership ID and ask them.

    • Ricarrdo estavans

      The NRA has a policy that criminals should not be allowed to possess a firearm. They (NRA) do not believe EVERYONE should be allowed to own a gun. Now sit down, this will come as a shock. The federal government considers the possession, use and sale of cannabis to be ILLEGAL. So follow the bouncing ball. Cannabis is still ILLEGAL at the federal level, hence the NRA policy is consistent. It does not take much effort to be educated without your anti-self defense attitude creating your bias.

      • Snegurochka

        The NRA = KKK. It’s for white people only.

        • Ricarrdo estavans

          Type the name “COLION NOIR”. Or go to you tube and type his name. By the way the NRA was formed in 1871 by the Republicans as the voice for freed black slaves to protect themselves from the Democrap party sponsored KKK. The local county southern democrap sheriffs would confiscate firearms from former slaves so they would not be able to fight democrap tyranny.The KKK was the terrorist wing of the Democrap party. Your forgiven for your ignorance if you are the product of a government run school. One more thing why do you moron liberals throw out the race card. Your intimidation is pathetic. Smoke up a bone and stay in your stupor.

          • Snegurochka

            Hogwash, the NRA is for white people and white supremacists.
            If you’re anti-pot, why don’t you get off this site and head over to Breitbart or Fuxx Nooze?

          • Jeremy A Powers

            you are a moron please do not reproduce..please for the sake of species do not reproduce

          • Namaste

            Knowledge is power – ignorance…bliss? Bias? Agenda? Ostrich? Cry for attention? IDK but thanks for sharing!
            Haters? Kick back, smoke a joint or try a dab & freaking CHILL.
            I’m personally very glad Snegurochka is anti NRA & guns. Those unfamiliar, frightened or bigoted against firearms should most definitely NOT be allowed to own any.
            Not hating on ya Snegurochka…I’m not a hater, just a responsibile gun owner, supporter of the NRA and mmj user. Would love to kick back & smoke with ya…sans political talk 😉

          • Ricarrdo estavans

            When I purchase a firearm I have to disclose (in my state) if I am a pot user. If I check to yes box I will be denied a concealed carry permit. So you must be fibbing on your background check list.

          • Walter James

            I would like to as well and I feel just like you my friend !

          • Jeremy A Powers

            they are racists that is why.

          • BruceD13

            The NRA are not racists. They had Roy Innnis of the Congress of Racial Equality (CORE) on their board of directors, also a Jewish woman Sandy Froman an attorney as President. The NRA encourages minorities to become members. To call the NRA racist betrays one’s own ignorance.

          • Ricarrdo estavans

            The NRA HAS THOUSANDS OF PEOPLE OF COLOR AS MEMBERS.

        • Bistandard

          I am a Hispanic male and a representative for the NRA for the state of New Mexico. I REALLY DON’T think the kkk would want me but the NRA enjoys my company. I pray for the day ignorant & arrogant people STOP stereotyping everybody for what they look like or BELIEVE IN! What a difference that would make!

      • BlakeKat

        How in your mind does “legal marijuana patient” translate to “criminal”?

        • Ricarrdo estavans

          If you are the product of a government run public school I forgive you for not being able to read. I had written the FEDERAL GOVERNMENT still considers marijuana ILLEGAL. Medicinal or otherwise.

          • BlakeKat

            Straight to the insults, eh? I am a college graduate and career professional. Such comments just force me to roll my eyes.

            It may surprise you to know that ILLEGAL (do caps help you think?) does not mean the same as criminal. Possession beneath an ounce in most states is a misdemeanor, not a crime.

            Also, what is with conservatives and only supporting state’s rights when it comes to your pet concerns and not others’ concerns?

          • Ricarrdo estavans

            College graduate? Yeah right that makes you intelligent? Most college graduates are morons. Its obvious you are one also. What did you major in “self esteem show up and get a trophy 101 studies”. A misdemeanor is a crime. Parking illegally is a crime. Violations are crimes. Now your writing about “quantity”. The higher educational system has screwed you. How much did you pay those corrupt, lying professors to brain wash you and dumb you down?

          • BlakeKat

            Can’t you read? I said I went to college, I didn’t say anything about anyone’s “intelligence.” At least I can use punctuation correctly.

            I paid comparatively little for college. They paid for most of it for me. I double majored in something called biology and something called literature. I also got to study computer science. Ever heard of them? So many lies in neuroscience, JavaScript, and Shakespeare. I teach English reading/writing to people like doctors, for example, writing about medicine.You know, medicine. Load of hoakey bs.

            You disappoint me.

          • bobby hawkins

            BlakeKat… your an idiot. There I said what anyone who reads your argument, thinks.

          • watchingthesheepofftoslaughter

            Actually bobby, anyone reading this conversation is probably thinking of you as the idiot. JMHO

          • bobby hawkins

            Really? From one comment? I guess my 14 words summed up what I am.

          • bobby hawkins

            When typing my name, please remember to capitalize.

          • Laura Wright

            bobby, you appear to be an Internet troll, with you being very closed minded and bias towards your own agenda. I will not capitalize your name, as your name on this site is lower-cased, I will follow suit. My takeaway from this thread, is you think a higher or formal college education is not a good thing to have. You believe that insults are a good form of debate, and can not express your points without becoming aggressive and offensive.

          • bobby hawkins

            Nope, you took the wrong thing from it. Its okay though! If you read the whole thing it will make sense why I left that comment. I graduated from college so I would never bash a college education. I will bash ignorant people. Does that make more sense now, love?

          • BlakeKat

            “Its” –> “It’s.”

          • bobby hawkins

            *claps hands* I missed an apostrophe .. That was your monumental statement?

          • BlakeKat

            Did I get under your skin snowflake?

          • mrsleep

            I know you don’t have an argument since you have to resort to being a grammar Nazi, and calling people snowflake.

          • BlakeKat

            He went to Trump U. That’s how they did things there.

          • bobby hawkins

            Go to school and be extremely successful? I guess if that’s what your referring to by Trump U, then we can say I went there. However you want to word it that makes you happy, you do that!

          • BlakeKat

            “Extremely successful” rofl

          • bobby hawkins

            Well when you own a trucking company (at the age of 24 btw), with a fleet of trucks and the hardest decision I have to make each day in life is what resturaunt I want to eat at. I’d say extremely successful. Oh, and by the way it wasn’t handed to me I worked hard for it and besides signing off on my employee’s checks I don’t work. But when I’m sitting in the Bahamas next week I’ll think about how I’m not “extremely successful”

          • Cal Brown

            ahh well it appears as though all of you suffer from the same affliction?I put that question Mark there just to drive the grammar police crazy capped the ‘m’ in question Mark and used commas instead of quotation marks. The sad truth is that the smarter you are the more stupid people you will have to tolerate in the life so let’s stick to the point of topic, gun rights and restrictions by the non elected national police who reside in a sovereign city state within the borders of the continental United States and their enforcement of their laws on the sovereign states that have become enslaved by these regulations because all of these states traded millions of acers of our public lands for worthless green paper printed controlled and regulated by a private corporate entity who board members and CEO ‘s remain hidden from the world . The pot heads are a drop in the bucket of the tens of millions of United States citizens who qualify to have their gun rights taken. The law clearly says Federal law prohibits gun purchases by an “unlawful user and/or an addict of any controlled substance.” Any controlled substance. Well let’s just delve into that vague and loosely worded ‘law’.A controlled substance is generally a drug or chemical whose manufacture, possession, or use is regulated by a government, such as illicitly used drugs or prescription medications that are designated a Controlled Drug. Now we don’t want to forget Obama’s “tighter gun restrictions on people with a history of mental disorders” another brilliantly worded piece of legislation that is left to future interpretations. There are more then 450 different metal disorders currently listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM) is the American Psychiatric Association’s standard reference for psychiatry. So while you find ladies and gents philosophers and edumacated fools debate the finer points of one’s choice to continue his or her education after you’ve been indoctrinated by a public school system designed and funded by John D Rockefeller for the better part of the last century you might want to open your eyes and work together because this affects everyone of you internationally traded walking bared bonds, you’re just rabble to the pirate captains who control everyone and everything you hold dear. Btw I could have went back and proof read this correcting each and everyone of the countless grammatical errors in this comment but I decided against it purely based on the fact that grammar trolls make me smile and I never completed a grade in public schools last the 7th grade level. So what do I know right.

          • Walter James

            I agree Bobby your the idiot. I also have a business I built right out of high school and now i do the same sit back but most day out working still. Why ? Because I’m not a lazy ass. You need to meet with customers and your workers show them your not scared to get your hands dirty and be lazy then what happens? You get respect as well as good workers as well as customers and free advertisement for not being a douche talking shit to smart little girls that schooled you ass. You ignorant egotistical pompous ass hole. As well probably have k ow idea what any of that means but I’ll let Blake Kat school you o that to and explain it to you. Lmao Fucking redneck as I just with pride and a good work ethic. Also im only 30 about to turn 31 with a profitable business and 26 employees and still make about $250,000 a year after I pay uncle Sam. How’s yours doing ?

          • BlakeKat

            “You’re” not “your.”

            “There, I said” not “There I said.”

            “Argument thinks” not “argument, thinks.”

            Lol. Smartypants. What did you major in?

          • bobby hawkins

            I majored in HVAC. I never used that degree though. I didn’t have to though once I built my own company and sit back and collect a nice little check. That is how I can come on here and comment and get people fired up. I don’t have to work i can just sit on here and piss people off and stay laughing the whole time!

          • Logan Stuart

            Hey, it looks like I’m the only person on this website that agrees with everything you’ve said. I just wanted to say that you handled all of those comments very well and it hurt just to read what other people were attemting to say. Nice job 👍

          • Walter James

            Also may I add any drug charge at all Mary Jane cocaine does not matter just a weed ticket I’d you get those where your at as long as you have know parephanalia you still can not own a gun because you are considered a criminal. And well drug users just can’t have a gun lmao minus gangsters and drug dealers there good j/k lmao

          • DKELforAmerica

            Many college students are not taught to read for comprehension. It has to do with the diversity and inclusion movement being pushed to give people degrees regardless of skills. College professor are seeing this daily.

            Until Obama Administration and its movement to change America, federal law always trumps State law. America even had a war to solve the dispute from 1861-1865.

            Newsflash … in America illegal and criminal does mean the same- depends on your morals.

          • BlakeKat

            I would hope that students are not taught reading comprehension in college. That’s something most colleges expect you to know already, you see.

            Also, regarding federal law taking precedence over state law, that would pin the blame on the states for granting legal marijuana cards, not the people who are illegally told by the states it is legal (which is a matter for the courts to decide, not you). For a crime to be considered a crime, the culprit has to understand what they’re doing is illegal. That would pose serious problems for any prosecutor trying to try the Vietnam vet with cancer who has a state-issued medical card.

            And, uh, “depending on your morals,” any word can mean anything, by your own logic.

            Go f*** yourself.

            That means “good job,” depending on your morals.

          • DKELforAmerica

            You appear to have missed reading for comprehension with my first sentence. Just like you had stated, the point is people who enter college should have mastered the skill of reading for comprehension, but many did not.

            Your second paragragh is your value statement. Apparently, you do not stand on the side of the Constitution that states it is ‘rule of law.’ You are not alone in your values to pick and choose how you want to interpret America’s Constitution.

            America is currently fighting a war of ideology. If your side wins, chaos and anarchy is right around the corner and the females seen at the Women’s March, dancing with crochet pink vagina hats on their heads, wins.

          • BlakeKat

            I am not picking and choosing and I never said anything about the Constitution. I am simply telling you how the law works. If a state law is found to violate federal law, the state is at fault, not the citizens of that state who simply did what they were told they could do by their own lawmakers.

            You also clearly do not understand how college works. Maybe because you believe everything they tell you on Breitbart or Fox? Do you actually think that I could go and become, like, a doctor or engineer by just spewing political mantras?

            My side? Wtf is “my side”? The world is not divided up like sports teams.
            I am sorry you are so triggered by women in pink hats. Such anarchy and chaos. So violent.

            Maybe you can amend your precious Constitution to repeal the First Amendment and outlaw women dancing in pink hats.

            Tell me I can’t read again. Do it with correct English though. Maybe it will convince me this time.

          • DKELforAmerica

            Blakekat, rudeness does not replace knowledge. Projecting one’s insecurities when one’s viewpoint is intellectually challenged does not add to an opportunity to learn from diverse viewpoints.

            We will end this thread, which began with Ricarrdo’s posts, with the words from John Adams…”Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”

            John Adams (1735-1826)was one of the Framers of the Constitution, Founding Father of America, and President of the United States of America.

          • BlakeKat

          • Michael Padilla

            After reading Ur back and forth with DKEL proved one and mainly one indisputable point!! Republicans like the bush family/mccain family and democrat families like clintons & obama’s prove that their tactics to divide us then conquer from the inside out is working!! From the outside perspective of the disqord you both are guilty of trying to point out each others shortcomings with insults……
            So congratulations to the both of you, America is even in A worse situation with the low vibration you both put out!!
            How about finding A common ground to build on? if not then at least spend Ur time going down the rabbit hole of the agenda the elites have planned for all of us!!! Because no matter how different you two think you are, WE ARE ALL WORKER BEES TO THEM!!! Make The Planet Great Again For All.

          • BlakeKat

            Rudeness? This started with you telling me I can’t read.

            My debate style practically tells you how to prove me wrong, but you can’t prove me wrong, so you withdraw. I initially said that it wasn’t fair to call medical marijuana patients “criminals.”

            You indirectly called me “intellectually challenged.” You haven’t made a single actual point or responded to any of mine with anything but nonsense or goal moving or some random Fox/Breitbart propaganda directed at imaginary liberal bogeymen, in which I am cast as intellectually deficient, both dangerous and a total p***y, and as a hater of whatever you imagine to be the most important parts of a legal document on whose contents your own perspective is hardly trustworthy. You have so many false assumptions and preconceptions underlying your words and beliefs—bolstered no doubt by your self-assurance in your own inherent right(eous)ness and inability to be wrong—it would likely be impossible to try addressing them all or even uncovering them here.

            Those aren’t insults or rudeness but facts, which I can reasonably deduce from the likeness of your remarks to the demonstrably misleading narratives of Fox and Breitbart. I’ll pass on your response where you say “BUT THE LIBERAL MEDIA.” I am not a consumer of the liberal media.

            And, your president is the rudest and nastiest ball of lard to ever sit in in the White House.

            I know who John Adams is without you acting as if it is arcane forgotten knowledge (I’ve probably read more of his words than you have), and quite frankly what he said is mostly irrelevant to problems that exist today. Interesting though he may be, his word is not law and his worldview is 250+ years out of date.

          • momcubed

            John Adams is also thought to be a consumer of cannabis himself.

          • kracker

            Wow your 100% pure douche bag. Did mommy and daddy send you to Cocmore Acadamy with your Land Rover Brad? The guy is just talking about a legit point yes the government will twist the truth any way it wants but it does not mean they are correct. They are not the same kinda like you call yourself a man but you have a pussy. See public education is true enlightenment grammar police have small penis’s and those that ridicule because auto correct might have changed a word or phrase really are what’s wrong with society. Now crawl back under your mommy tit and stay there

          • DKELforAmerica

            Rudeness does not replace intellect.

            Did you have a point?

          • BrianK

            Actually, I think you are both right and hopefully we can put aside the left vs right thing and focus on one very important standard, the US Constitution. One person is arguing that it is Federally illegal and the other is arguing the State has deemed it legal. Problem is our law makers, past and present, have overstepped the Constitution with the help of unelected attorneys in order to make drugs illegal on a Federal level. We should all be holding our elected officials accountable when they propose law that is clearly not mentioned in the Constitution. I am not here to argue whether it should or should not be illegal, instead I am merely pointing out our best weapon against Government overreach and that is our Constitution.
            It clearly states in the 10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively”, or to the people. Basically what I am say is Constitution mentions nothing about the illegality of Drugs (and plenty of other “unconstitutional” powers we see today) but I will bite my tongue for now. Per the 10th Amendment, drugs enforcement should be left for the States to tackle.
            We need to go by the Constitution or else these kinds of grey areas of law leave Citizens unsure legally. Many Constitutional Conservatives get labeled as bigots when pointing out the Constitutionality of a policy. Their “radical views” usually end at the Constitution. I would argue that is far better than someone with “radical views” with no measure or stopping point. Those not familiar to the Constitution are looking at policy emotionally and would vote it before even looking to see where it stands Constitutionally. There will be a lot less division if both sides were consistent in staying within what the Constitution and then arguing policy there after.

          • Steven Reyes

            Misdemeanor is still a “crime”. You don’t happen to be a lawyer do you? The effects of Marijuana inhibit fine motor skills in users, as well as impaired judgement and cognitive function. Perhaps it is ok with you for Marijuana users to possess a firearm, but I am glad this is not the same consensus as the US government.

          • BlakeKat

            Crime… felony. Whatever. Unless you think anyone who drinks alcohol shouldn’t be allowed to own a gun you are a hypocrite. You’re far more likely to get drunk and kill someone than you are to smoke weed and kill someone.

          • Annegangel

            Exactly BlakeKat. It is ok for me to take my Hydrocodone and Lyrica but I can not use Marijuana. I would definitely prefer to get off of the opiates and the Lyrica which is considered a Schedule 1 drug!!! Marijuana should be considered the same as the drugs I mentioned. It is so simple. A person does not drive when they are under the influence of Marijuana; the same as the drugs I mentioned. There should be labels put on the bottle of Marijuana just like it is placed on the bottles of the medications I mentioned. Compare the two when it comes to driving a vehicle, my vote is you are safer with a Marijuana driver than an Alcoholic driver if someone did a driver safety test.

            And just like the medications I mentioned, if a person can not tolerate the Marijuana then they should choose not to indulge. And we all know why the government is pushing not to give us the freedom to use Marijuana; the government knows that we the people WOULD NO LONGER need many of the prescription drugs that they are cramming down our throats. One prescription of Marijuana would replace at least 10 of the medications that I take now. HMMMMM……Pharmaceutical Companies…..BANKRUPT

          • BlakeKat

            Congrats on making the same point as everyone else who replied to this comment from ages ago Mr. Smart Guy.

          • BlakeKat

            Nice totally pointless scare quotes by the way.

            Can we get some more interesting notifications at the top of my inbox?

          • kracker

            Then why not those on opiates. Duh!!! There is a reason your to stupid to see the government is up to taking our guns away

          • Cricket

            One assumes, then, that anyone who feels that way is working much harder to make owning a firearm and alcohol at the same time, a crime?

            Because it’s hard to believe that anyone really cares about the dangers, if they’re jumping on one, and ignoring the vastly greater one.

            Even given an identical level of impairment (and I’d prefer nobody impaired – including by prescription drugs and lack of sleep – be running around with a gun.), weed is still the lesser danger. But given the degree to which alcohol, more so than marijuana, tends to make users aggressive, if I had to pick one, I’d pick high on weed over high on whiskey.

          • Keith Cetra McClellan

            But its fine for people with massive Alcohol collections, the substance responsible for more deaths and accidents than any other, and own as many guns as you want.

          • Mough_Dyver

            God…back in the early eighties I lived in Denver,and we used to get high in Civic Center Park between the capital and courthouse.If cops saw us,they would just tell us to leave.No tickets,not even confiscation.I’m in Western New York now,and it’s like night and day between here and there.In other words,they didn’t even police misdemeanor possession when they could.And it was like a $50.00 fine,but they just didn’t care,if you were cool about it.

          • Jim Ramos

            Because ricarrrrrdo estavans went to private school he’s better than everyone else, therefore he has to talk down to people…it makes him feel good about himself. I think it’s messed up that an alcoholic can go out hunting but someone with a focused mind on mmj cannot. You hear more about drunk hunters shooting others than anything else. Big pharma is a primary money making bargaining tool for this country.
            Take out the real danger and legalize mj federally.

          • Mough_Dyver

            There should be a comma after “school.”You had written ? Whatever you said after “you had written,”should be in quotes.Thanks for forgiving me for going to a public school.

      • Jack Zay

        Follow the bouncing ball – Everyone here is AWARE OF THAT, and is specifically talking about changing the legislation. And what “anti-self defense attitude” are you even talking about? Did your caregiver let you on the internet when you weren’t supposed to be?

    • Snegurochka

      The NRA didn’t make a sound when a concealed carry holder was wrongfully gunned down by a Minnesota cop.
      Hint: the concealed carry holder was a black man.

      • Ricarrdo estavans

        eXPLAIN IN COHERENT ENGLISH LANGUAGE EXACTLY WHAT HAPPENED.

        • Snegurochka

          Cop emptied pistol into black man with concealed carry permit.

          Is that clear enough for your tiny brain?

          • Jeremy A Powers

            oh that was on the news. the cop was suspended and charged with manslaughter. making a a broad assumption on an entire race of people for the actions of one..you might be the racist here shit for brains

      • Loki Sigurdsson

        More whites get gunned down by cops than blacks do, quit you’re bitching. You sound like a 12 year old girl on her period.

        • your*

          • Dawn M Day

            your, you’re eeks I did it too, and I know better well it is 3:30 in the morning here so I will forgive myself.

        • Dawn M Day

          I would like to see your proof that more white people are “gunned down” ( your words not mine) by the police. Please supply a link to your data if you are making a statement like this.

    • BruceD13

      Good point. I’m an NRA life member. I’m going to write Wayne LaPierre and Chris Cox and advocate the NRA work to get that portion of the GCA of 1968 changed to ignore cannabis. If you’re an NRA member, I suggest you do the same.

    • ucsbchica

      Follow. The. Money.

    • Natalie Frenshen

      Lol they don’t give a shit about you.
      If you’re a commie with 30 million dollars they’ll listen, other than that you’re fucked.

  • Wayne buds

    top quality medical marijuana Hash, Wax & cannabis Oil, Indica & Sativa.. lets kick out pain,cancer, depression ,brain tumor,insomnia and lastly pills…(928) 432-3067 💯🍀Hmu!!!

  • Lisa Gage

    I was just in the market to consider owning a firearm in California and did not know this about the medical restriction. Wow my husband and I will really have to weigh in on which is more important our safety or our health? Really and how can we make that decision with the way things stand now? So many questions for the 2018 voters to consider when it is time to put it down in history. What will the people decide after they find out the truth. How can this PLANT be kept from the world on the premise of it being in same category as opiates and alcohol? Shout out to anyone who wants to find the truth in the madness. If you care about the future generation the research has to be done to make it work. That comes with us the human race! Be informed before you jump at the lies and propaganda they want you to believe and listen to that science speak for itself.

  • Jp Walmer

    Where is the NRA & the ACLU damnit , this is a civil rights / gun owners rights issue.

    • Ricarrdo estavans

      Cannabis is still ILLEGAL at the federal level.

      • Snegurochka

        Oregon has a “Second Amendment” in its state constitution. Many states do. This is a state law issue.

        • Ricarrdo estavans

          Bullschit it is a federal level.

          • Snegurochka

            Wrong again, Oregon’s constitution protects firearms ownership by citizens. Do try to keep up.

          • Ricarrdo estavans

            Did you ever hear of this thing called the second amendment to the constitution.

          • Snegurochka

            Yes, and about a third of states have a parallel clause in their state constitutions.

          • Namaste

            Correct Snegurochka – that’s why we need to fight for state rights! The Feds are and have overstepped their boundaries, forgotten states rights and if we sit idly by… I fear we will lose them.

  • Snegurochka

    “Christopher Morales, a California criminal defense attorney, provided some legal insight into this complex matter. “The Gun Control Act of 1968 prohibits anyone from possessing guns if they use or are addicted to cannabis,” Morales explained.”

    Morales should lose his law license for such a blatant misstatement of law. The Gun Control Act of 1968 only controls transfer, not possession.

  • dogsoldier112

    umm background checks are required in all states. its a federal law. there aren’t “some states” that background checks aren’t required. federal law does allow for private sales of guns but if you’re main source of money is selling guns you must have an ffl. and as an ffl you must do background checks. statea do not control that. back ground checks to legally purchase a gun in any gun store in this country are a requirement of law. this lady is wrong.

  • Jane Fee

    The State of Hawaii will NOT give you the permit needed to own or possess a firearm or ammunition if you have a state medical marijuana card!!!

  • Felix Danger

    1968 Gun Control Act should have been called the “How do we ‘legally’ disarm black and brown people because the Black Panthers are scaring the white people Act”

  • Woodeye 2.0

    Where do airguns stand? They now have PCP air rifles that go up to 50 cal., and can even kill deer and hogs. Technically an air rifle isn’t a firearm, and they aren’t subject to firearm regulations.

  • Peter Van Keuren

    I’m amazed, but then, it’s really not that surprising – if you smoke pot, even legally, you can’t buy a gun, but if you’re adjudicated mentally unfit to fly and they won’t let you on an airplane, you can still go buy a gun. What a ludicrous bunch of idiots we have running our country!

  • ucsbchica

    You NEVER have to answer questions asked to you by police. They try to get you to violate your own rights. “Do you know why I pulled you over?”, “Please tell me, officer”.

  • Gu Ng

    So does alcohol and guns. So what’s the point ???

  • Walter James

    So if I reside in Colorado where recreational use is allowed. As a gun holder how do they know as well how can they prove that I am addicted to it? So if your not addicted to it it’s ok? These questions may seem stupid but I’m curious. As well why is it so specific to marijuana users is it really that bad that a movement of hippies who just want peace on earth and love Man…. in the 1968 and 70s that our government thought they were the killers and gang bangers and and ones that would pull a gun to kill someone. Really someone give us a real reason not some bull shit reason a real one of why marijuana is bad. Why ? Because it would kill big pharmaceutical company’s who give and make medics with God awful side effects to a natural God given herb that can replace a number of there medicines were perscribed like Xanax and percocet and so on. It’s just bull shit. As well could make this country a lot of money probably even enough to pay for Trumps wall lmao but any one with good insight or thoughts give them please….

  • Hal Rager
  • Jonathan

    There is no such thing as a ‘Gun Show Loophole ” all firearms dealers MUST have an FFL and MUST do the NICS check for EVERY SALE, whether it’s at a gun show or at a store or on the friggin moon. Go ahead read the gun control act yourself there is no such exception. Unless by “unlicensed firearms dealer” you mean a criminal who sells black market guns.

    If you know of a fleamarket selling guns with no FFL call the cops or the BATFE, someone is going to get a bunch of time in federal prison

  • Fox Fetterworth

    This is insanity. The Gun Control Act of 1968 was based on Nazi Germany’s draconian gun control laws. The NRA should be working to repeal that fascist POS.

  • Park Insons

    It is pretty obvious that gun control nuts are using the legalization of both medical marijuana as another roundabout way to nullify the second amendment. First, they’ll let everyone get signed up for their meds, then confiscation will start on that premise, along with all the other BS premises set by precedent in a liberal clown court like the 9th circuit.

  • Peace Revolution

  • Christopher DePrima

    Stupid law needs to be changed! We will need all patriotic Americans to fight against Liberal assault when they start a civil war!

  • Dan In Detroit

    There’s no such thing as an unlicensed dealer that can sell without doing background checks. There are (1) legally licensed dealers, (2) people conducting legal private transfers of guns from their own collections, and (3) people who are illegally engaged in the business of dealing firearms. Selling a bit of your own stuff is perfectly fine. Doing it regularly for the purpose of making a profit is incredibly illegal, but the ATF refuses to say what they consider “regularly” and how much selling “a bit” is still legal. If anybody from leafly is reading, you should look up the classifications yourself and update this article.

  • etowah

    You are responsible for your safety and well-being. You have to weigh the risks but when doing so remember that the police don’t normally protect you from crime. The police respond when a crime has been committed, they investigate if you are raped, robbed, beaten, shot, or anything else (unless an officer just happens to be there.. which they usually aren’t).. so, you have to decide what risks you are willing to take. Be safe. It’s all on you. No one else can decide for you.

  • etowah

    Also, as far as what is crime or is not a crime, unfortunately a crime is usually whatever an officer and/or a prosecutor decides it is and that can change according to your age, demeanor, any number of circumstances. If you are respectful, use common sense, and don’t look for trouble.. you usually won’t find it.

  • Tres

    So am a California resident and medical marijuana patient, and purchased a shotgun from a licensed gun dealer. I went through a two week waiting period, and was called to come pick up my shotgun. I’m not an “unlawful user” or addicted to marijuana or any other blah, blah, blah….In the early 90’s my wife and I were arrested and convicted of cultivation and possession of firearms. Here it was 2 felonies we faced. We live in a rural area and most people have firearms, and most have several guns. We happened to have 22, ranging from .22’s, shotguns, handguns and rifles. I have several nephews and niece that like to shoot. Anyhoo….we completed a drug diversion class that nixed the felonies and we got all the firearms back. That was before it was actually legal, and we live in the reddest county in the state. Truth is stranger than fiction

  • Tinthia Clemant

    Why can gun owners who drink alcohol still get their license? It’s time to legalize pot.

  • BlakeKat

    STFU Mr. Empathy.