Medical marijuana patients cannot purchase firearms or ammunition, says federal law
S E E D E D C O N T E N T
MISSISSIPPI (WLOX) - Across Mississippi, thousands of people with health conditions are hoping to obtain medical marijuana once it becomes available later this year.
On Wednesday, the Mississippi Medical Cannabis Act was made official. With it, comes several policies and regulations put in place by state lawmakers. However, some regulations are out of their hands.
Because medical marijuana remains illegal at the federal level, anyone with a license to use cannabis is not allowed to possess or purchase firearms and ammunition. That law is regardless of whether or not an individual state has legalized the substance.
The Mississippi Medical Cannabis Act , however, says that no state or local agency will prevent medical marijuana patients from obtaining or possessing a firearm, stating:
“A registered qualifying patient or registered designated caregiver shall not be denied the right to own, purchase or possess a firearm, firearm accessory or ammunition based solely on his or her status as a registered qualifying patient or registered designated caregiver. No state or local agency, municipal or county governing authority shall restrict, revoke, suspend or otherwise infringe upon the right of a person to own, purchase or possess a firearm, firearm accessory or ammunition or any related firearms license or certification based solely on his or her status as a registered qualifying patient or registered designated caregiver.”
According to federal law , it is unlawful for an unauthorized user of a controlled substance, including marijuana, to possess, ship, transport, or receive firearms or ammunition. It is also unlawful to sell a firearm or ammunition to any person if the seller knows or has reasonable cause to believe that such person is an unlawful user of marijuana. In this context, unlawful use is based on federal law so all users of marijuana are considered unlawful.
In a 2011 open letter from the ATF regarding Federal Firearms Licenses, the federal agency addressed medical marijuana directly. Referencing 18 U.S.C. § 922(g)(3) , the ATF said anyone attempting to purchase a firearm should answer “yes” to question 11.e on the Firearms Transaction Record Revisions form, known as Form 4473.
In order to purchase a firearm from a federally licensed dealer, an individual must complete Form 4473. That form also includes a warning that the recreational and medical use of cannabis under state law does not alter the federal Controlled Substances Act which makes it illegal to possess, manufacture, or distribute marijuana. It is a separate crime to lie about your marijuana use on the form. You can also be subject to heightened criminal penalties if found in possession of a firearm and marijuana at the same time.
For those who are able to get a medical marijuana card, it may be possible for law enforcement to obtain information from a patient registry or state database. According to Section 12 of the Mississippi Medical Cannabis Act , a patient verification system must be in place that allow a medical cannabis establishments to share a patient’s registry identification numbers with law enforcement personnel.
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Why are the feds dragging their feet on this.
gee, where are all the 2nd amendment advocates at? /s
probably standing in front of all the law and order-loving progressives.
You comment has me wondering-- if you weren't so obsessed with talking about politics (and specifically bashing those with different political opinions) and attempting to turn conversations about any topic into a political rant-- -- what would you talk about?
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One of them right here, and no I do not believe that dope smokers should have guns...
no worries. it doesn't affect my aim.
So smoking dope no, drinking yes.
yeah, that wouldn't work for me. I still have a hand on the reality wheel with weed. alcohol? nope.
Smoking Dope no, Drinking while using firearms no as well...
Who Hit John does not mix well with guns. (no matter how much coke you put in the glass)..
"no worries. it doesnt affect my aim'
THAT'S GOTTA HURT!
Have I told you lately that I love you?
Just because someone smokes, doesn't mean they are stoned all the time.
Just because someone drinks doesn't mean they are drunk all the time either...
Still, drinking and firearms do not mix...
Imo it is just hypocritical to hold a different standard with pot.
I don't know that it is hypocrisy. If your blood alcohol level is high, you've been drinking. You can smoke in the evening, get tested the next day, and be hot. Doesn't mean you are high or even remotely impaired. But, that's the issue. It's one thing to legalize the use. It's a whole other to regulate it on the same basis that alcohol consumption is regulated. Until they figure that out, I can see it staying the way it is.
As for the folks that say it doesn't impair them. I have friends I can say that about. I've also got friends that will melt into anything they are sitting in.
I fail to see how there would be any difference. If they are thought to be impaired, take the appropriate measures.
Yes, I agree, for someone that is visibly impaired. Big difference for the person who isn't impaired at all, but has used an active product, which still remains in testable amounts in the body. If that person is involved in a an accident, caused by another driver, that results in someone's death. Cops will do a blood test, driver will be hot, and driver will be facing manslaughter charges for an accident the other guy caused, simply because the test shows they have smoked, had an edible, used an active cream, etc., at some point in time. Alcohol metabolizes so quickly, they have figured out that if your BAC is high, you are drunk, or at least under the influence. They don't have the capability of conducting a similar test with marijuana. Thus, according to the DA, you were high. Not to say that you couldn't argue that, and you'd think it'd be easier than arguing against the BAC test. But, you'd still be defending a manslaughter charge. I'd personally rather not attempt it.
All that to say, which I suppose I could have made clearer over the course of two comments, it's not so much hypocrisy. Lack of reliable testing makes regulating it in the same manner as BAC unworkable. But they are doing it, because, let's face it, nobody needs to be operating a half ton bullet high, anymore than they need to be doing it drunk.
And despite everything you say-- its obvious that you are still allowinf Presdient Biden to live rent free in your head!
(Not that there's anything wrong with that, LOL!)
and no I do not believe that dope smokers should have guns
But what about their Second Amendment Rights?
I get what you are saying. It just seems to me that even when people get caught that have been drinking they can refuse any test.
At times, it is important to read what someone responded TO so you know what the fuck is going on.
Sure, and in most states you can, for routine moving violations. Old school thought was that you always refuse to test, and force them to blood test you, because it would take so long for them to get you somewhere to do it, potentially allowing your BAC to drop below the legal limit. Anymore, most states automatically suspend your license and charge you with a DUI if you refuse. Thus, old school thought has changed...might as well blow now. Refusing leaves you no ground to argue. If you blow, and your BAC is high, the suspension and charges will be the same, but, assuming you want to fight it, you will have some areas to attack.
I'm talking about about getting tested when there is an accident. If there is a fatality, most states automatically do a blood test, and you don't have the option of refusing. The dude that spent Saturday, passed out drunk, in his buddies hammock, won't have a high BAC on Sunday, at the scene of the accident he potentially could have avoided, but for his extreme hangover. The dude that smoked with his friends Friday night, while throwing darts, will be hot as hell on Sunday, and regardless of actual fault or impairment, will be charged. And that's the issue. Our testing system and laws are geared toward catching and punishing drunk drivers. And, it makes sense, since the window is so fleeting. Presence of THC in the system, on the other hand, isn't necessarily indicative of impairment, but the laws still assume impairment the same as with a high BAC. So, until better or more accurate methods of testing for impairment come along, enforcement is going to be difficult.
IIRC, Federal Law prohibits recreational use of marijuana. But medical use is illegal as well.
Actually I believe it prohibits growing of the Cannabis plant.
A few years I saw Hemp Protein supplement powder, as well as shirts made of Hemp, for sale in a Whole Foods store. And they were all imported from Canada.
Because apparently while the U.S. law forbade growing the plant, possession of hemp fabrics and nutritional supplements were not illegal. So while the plants used for the manufacture of these products weren't grown in the U.S. they didn't violate the U.S. law re; growing it.
I'm not sure if Federal law has changed..or if I don't remember it correctly. And I believe that one of the uses of the plant is the manufacture of Hemp rope?
In any event I believe the federal law still may be on the books but unevenly enforced?
And the trend is definitely for more and more Americans polled saying it should be leaal (or atleast "decriminalized").
It's unbelievable the prohibition of hemp and marijuana. Hemp can be used so many ways
mark this one on the Calander,
on that we agree ,
hemp would save a lot of forests , and is pretty much more renewable than the forest, quicker , and the uses for hemp fiber , are innumerable .
The 2018 Farm Bill removed low THC hemp from the controlled substances act. When the law was passed, there were universities, across the nation, that were partnering with farmers for hemp programs. They probably still are, I just remember it being a big deal a few years ago. We passed a medical marijuana act around here though, so that has been all the rage since.
I agree, the plant fiber has a 1001 uses. The low THC, sativa L...maybe, programs were aimed at producing all manor of products. With the passage of the medical use and grow here, most have probably switched. Which is sad, because the unused plant material has to be burned. Seems a waste.
i remember reading a couple years back , some drivers went to pick up some hemp bales , i think it was in Idaho, but as soon as they got to the highway, main innerstate , they got charged with transportation even with the low content , in some cases the laws have not all caught up with each other .
use it for livestock or cattle feed , have some happy cows everywhere.....
Yeah, I read up on it, but that was years ago. From what I remember, you couldn't just turn your current crop under, start growing, and make sales. Had to have high fences, and controlled access. Had to test, weigh, and report. And, although I can't distinctly remember, you know very well that the transportation of it is one of the biggest regs.
The medical marijuana issue is interesting. Gonzales v. Raich? That case dealt with grow your own on your doctor's orders, but Stevens, Ginsburg, Souter, Breyer, and the ever flexible Kennedy, saw that the commerce power was strong enough to allow the feds to regulate a purely intrastate activity. Go figure. Scalia agreed in the result, mainly because marijuana was a controlled dangerous substance, as defined by the CSA, and subject to regulation by the feds under the CSA. Again, sets it up for an interesting argument. If the federal legislature doesn't remove marijuana from the CSA, will we see the liberal jurists reverse ship? With all of the noise that the liberals have been making over Roe, and stare decisis, will they stick to that when they are deciding whether or not the feds can enforce the CSA against a person growing weed for commercial purposes? Again, I think this is setting up an interesting argument and opinion.
i remember reading a couple years back , some drivers went to pick up some hemp bales , i think it was in Idaho, but as soon as they got to the highway, main innerstate , they got charged with transportation even with the low content , in some cases the laws have not all caught up with each other .
I thinkpart of the problem is that we've got this "crazy quilt" of state laws. You could be doing something that's perfectly legal where you live-- but drive across a state line and you're a lawbreaker for doing the same thing!
And in terms of Alcohol I remember (at least in the past) that there were "dry" counties right next store to countries that allowed the sale of Alcoholic beverages..(Needless to say that was really helpful financially to stores that sold Alcohol that were right across the state line from dry counties).
LOL im living that right now ,
i live on a "dry"NA reservation , but every town around sells booze .
got caught in a "seatbelt check " roadblock , officer saw a case of beer in the bed of the truck .
informed me that that was illegal on the reservation .
I politely informed him that though it was illegal for enrolled residents , i was not enrolled and was transporting it home , not drinking it at that moment ( thats why it was in the bed of the truck ) and wouldnt be until i arrived home even though "home" is on the reservation .
Congress needs to fix this, but I think for a number of years now, the feds have largely stopped prosecuting marijuana related cases. I imagine the regulations referenced here would probably only be used to pile on to a genuine criminal who was being charged with something more serious.
George Washington grew Hemp -- but not the variety that gets a person high:
George Washington’s initial interest in hemp was as a cash crop. After deciding not to cultivate it as a cash crop, Washington grew it to meet the needs of his own plantation. Hemp was used at Mount Vernon for rope, thread for sewing sacks, canvas, and for repairing the seine nets used at the fisheries. Washington’s diaries and farm reports indicate that hemp grew at all five farms which made up Mount Vernon, (Mansion House, River Farm, Dogue Run Farm, Muddy Hole Farm, and Union Farm).
Cannabis sativa vs. Cannabis sativa indica
The type of industrial hemp grown at Mount Vernon is not the same cultivar of Cannabis used for recreational or medicinal purposes. Industrial hemp contains less than 0.3% tetrahydrocannabinol (THC) and therefore has no physical or psychological effects. Cannabis grown for recreational or medicinal purposes can contain 6% to 20% THC.
There is no truth to the statement that George Washington grew marijuana. His hemp crop was strictly the industrial strain needed for the production of rope, thread, canvas, and other industrial applications.
The federal government has found a solution.
So let me get this straight. People are upset because something prohibited by federal law is keeping them from owning a firearm that is regulated by federal law?
funny thing is , it has always been that way on the federal level as for the prohibition , same as its there for anyone with a CDL , federal regs state , test hot for mj and you lose your CDL., whether the state legalizes it or not .
I would say that a lot of people lie. I know people that smoke and buy and own guns.
i never said that they didnt , and i agree they do, its just one more charge that can be thrown at them if they ever face charges., thats just the way its been.
Probably also some people who legally entitled to buy a gun for themselvesand do. And then sell it to someone who's not legally entitled to own one.
There are people who are quite honest and follow the law. And then of course therer are some that aren't.
I did not know this. Way past time to drop Federal prohibition of marijuana
Something else we agree on
There will always be people who want a bigger role for governnment to interfere in more and more areas of our lives. Expanded gov't powers so they can tell us whether or not we can smoke pot, whether a woman has a right to make her own decisions about her health (to have an abortion or not), in some cases what books we are allowed to read, etc.
yes
I saw a crime show about the murder of a MS Judge Sherry and his wife back in 1987.
The majority of the first half hour established the background that the police went on for decades
that they were executed by alcohol runners.
Legal alcohol was only available by the gallon with a 32% tax in an effort to keep Mississippi a dry state.
MS never revoked Federal Prohibition.
There were a myriad of fines for serving alcohol by the drink, yet two large areas of tourism like the Pearl Coast
on the Mississippi River and the Gulf Coast
were notorious for the bars and fancy restaurants which obviously and openly served beer and liquor.
From the late 1800s to the 1940s there was "an understanding" about a black market tax on liquor sales
Paying the tax in cash to the tax collector protected the establishment from being raided.
The understanding was that the state tax collector kept half for himself and gave the rest to the state treasury.
In 1903 after a huge settlement with the Illinois Railroad the State built the "new" statehouse complete with a secret impenetrable
vault room which protected a huge safe and entrance to the descending spiral staircase to a 'secret' tunnel
which ran under the street to the adjacent Treasury Building.
The room was guarded 24/7 by State Troopers. It was the office of the State Tax Collector who alone was responsible
for collecting the taxes on the illegal distribution of "spirits" in MS. In one case a former Governor was the tax collector.
'Black market' illegal liquor tax was hidden away at the capitol (clarionledger.com)
In 1940 they tried to codify the black market tax, then argued it for 26 years before repealing it and slowly
re-legislated the authority to the Counties in 1966 but the black market tax collections continued until 1981.
In July of 2020, MS officially ended state wide prohibition.
90 years later, Prohibition officially ending in Mississippi - ABC News (go.com)
Now they wat to bring back the black market tax to tax marijuana, coke, cocaine et al.
Black market tax back again? | The Greenwood Commonwealth (gwcommonwealth.com)
So things may be illegal
but if the local government can find a way to profit........
or everyone just looks the other way, as usual.
Biloxi use to look a lot different. Strip clubs, nightclubs, gambling.
Places in the know would get tipped off if there was going to be a raid.
And I imagine they provided a lot of tax revenue to the state?
Taxing Cocaine as well?
That seems like going from one extreme to another! (Legalizing Marijuana and taxing it is one thing.But I don't see any jurisdiction legalizing Cocaine soon...well, maybe some of the far out crazies in San Francisco or parts of Washington State)
Paying the tax in cash to the tax collector protected the establishment from being raided.
A legitimate government function (levying and collectingtaxes)? Sounds more like "protection Money"in the finest traditions of ..."The Families"....
But they can drink themselves into oblivion and that's okay. LOL
actually no, the way its written , its not just MJ , it goes for anything one could be addicted to including booze .
pay specific attention to number 11 e on the ATF form 4473 , it is pretty inclusive as to what one can not be addicted to, one could even push smoking as an addiction , and since nicotine is a stimulant , would make the purchase or possession of a firearm illegal , but they would really be pushing the envelope there .
LOL. They wouldn't just be pushing the envelope, they'd probably cause a revolution.
Well I think for many people drinking and possession of a firearm could make for a dangerous combination... but OTOH I don't think smoking cigarettes would tend to make a gun owner more irrational.
ever hear of a nicotine fit? take those smokes away and see just how irrational they become ....
Of coursdeits OK with governments-- the liquor tax is pretty high-- a great source of tax revenue!
(And I believe there's both a Federal Tax and usually a State tax-- at least in most states. And probably some large cities add an additional; tax on topmof the other two..?
Yep, government can't make any money when people grow their own weed, which is probably the real reason they're legalizing commercial sale of it - TAXES.