The Legal Medical Marijuana Guns Travesty
By George Devinney, Guest Contributor. December 21st, 2018
This is a travesty that has been present as a legal hot potato for some years, and more so now since further states have legalized marijuana for medical purposes (leaving aside for now so called recreational use), due to the federal categorization of anything containing THC (Cannabis) as a Schedule One (an unlawful substance) drug. Because of this continuing designation any user, however state legal, cannot concurrently use and still retain legal firearm ownership. Medical marijuana card spells trouble.
As an ongoing situation it is beyond ridiculous when, as is well proven, medical marijuana has genuine and valuable therapeutic uses for a variety of conditions, including for example pain management in cancer cases, seizures, MS, and more.
Claims have been made that marijuana use is linked to violence (evidence is far from conclusive) - arguably though, and perhaps looking at the other side of the coin, deprivation of this as an effective therapy could even well be in itself seen as a potential precursor to violence due to frustration, suffering and desperation.
From - fee.org:
On an April afternoon in 2018, Dr. Matthew Roman and a friend drove together to a Philadelphia gun store, Firing Lane Inc. Seeking to purchase a firearm for home defense, Roman walked up to a clerk and asked to see a Smith and Wesson 638.
After Roman, 33, indicated he'd like to purchase the small six-shooter, the clerk began to ask Roman a few questions, including if he possessed a medical cannabis card, pursuant to question 11e on the ATF's 4473 form. Roman, who has no criminal history, told the clerk truthfully that he has a medical prescription for marijuana. Sorry, the clerk told him, no gun.
Roman's application was denied due to his medical use of cannabis, which is legal in the Commonwealth of Pennsylvania. In November, he filed a lawsuit that names acting attorney general Michael Whitaker and the directors of the FBI and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The case could have far-reaching Second Amendment implications and has the potential to affect millions of gun owners in the U.S. (Medical marijuana use is legal in 32 states.)
What is particularly absurd is that people who drink or even abuse alcohol suffer no prohibition from firearms ownership and yet it might be argued that this group is one that in some cases could potentially exhibit violent tendencies - which is not to suggest that they be denied their Second Amendment rights. Furthermore, there are numerous medications which for one reason or another, can have side effects which could, it might be argued, potentially prejudice responsible gun ownership but are not treated the same as Cannabis. One example might be certain varieties of sleeping aids, some so called 'anti-depressive' drugs, and even legally prescribed opioid pain medications. Within these examples is of course the need for individuals to always maintain awareness and take responsibility for their behavior just the same in fact as any law abiding gun owner.
The bottom line here is that it is long overdue for medical marijuana to be removed from the list of unlawful substances at the federal and thus also at state levels. Recreational use where legalized is another matter but here we are only considering therapeutic use and it's great potential. It's long past time for change instead of continuance as being effectively just another form of 'gun control' - to this end it is hoped the law suit referred to can achieve some success.
