Toke Or Tokarev? Ninth Circuit Says Medical Marijuana Patients Can't Buy Guns
- Author: Sidney Guerrero Sep 02, 2016,
Sep 02, 2016, 1:33
Of those nine, only Idaho hasn't legalized medical marijuana, which, as far as the federal government is concerned, remains illegal everywhere in the USA regardless of state laws. The ruling only applies to states in the 9th Circuit's jurisdiction, but unfortunately for those wishing to treat their ailments while exercising their Second Amendment rights, that's still a lot of states. While Wilson wasn't exactly using an illegal drug-at least under Nevada law-marijuana is still illegal under federal law.
Thanawala, Sudhin. "US Court Upholds Ban on Gun Sales to Marijuana Card Holders". The connection between these laws and that aim requires only one additional logical step: individuals who firearms dealers have reasonable cause to believe are illegal drug users are more likely actually to be illegal drug users (who, in turn, are more likely to be involved with violent crimes).
"We live in a world where having a medical marijuana card is enough to say you don't get a gun", Mr. Rainey said, "But if you're on the no fly list your constitutional right is still protected".
People who use medical marijuana can be prohibited from purchasing a firearm, a federal appeals court ruled on Wednesday.
Under the federal "Gun Control Act of 1968", users of illicit drugs or anyone "addicted to any controlled substance" is banned from owning, transporting or receiving a firearm. "It is beyond dispute that illegal drug users, including marijuana users, are likely.to experience altered or impaired mental states that affect their judgment and that can lead to irrational or unpredictable behavior", Judge Jed Rakoff wrote.
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This week an appeals court upheld affirmed that decision.
But it said the government had a "substantial interest" in preventing gun violence by seeking to prevent drug users from possessing firearms and that it was reasonable to assume someone with a medical pot card would use the drug.
There is no credible justification for a "marijuana exception" to the U.S. Constitution.
As marijuana is slowly legalized both for recreational and medicinal purposes in a variety of states across the United States, those states' laws sometimes come head-to-head with already-existing federal legislation.
Filed a federal lawsuit alleging that this refusal to sell her a firearm violated her First and Second Amendment rights, along with the Equal Protection and Due Process Clauses of the Fifth Amendment.