Letter to the Editor

Marijuana and Second Amendment

Wednesday, November 21, 2018

Constitutional Amendment 2 to the Missouri Constitution, Missouri and Veterans Healthcare Initiative (2018), was passed by the people of the state. Over 65 percent of voters in Missouri approved this amendment.

How does the medical use of marijuana impact a person's Second Amendment guarantee?

A person who is prescribed marijuana forfeits this right.

By holding a state medical marijuana use identification card, a person places himself in serious legal jeopardy at the federal level. Under the federal Controlled Substances Act (CSA) of 1970, marijuana is classified as a Schedule I substance. Schedule I drugs have a high potential for abuse and dependency, with no recognized medical use or value. The CSA makes no exception for the medical use of marijuana. A person in possession of a medical marijuana use card is an unlawful user of a controlled substance (US Ninth Circuit Wilson v Lynch).

The Gun Control Act (GCA) prohibits any person who is an "unlawful user of ... any controlled substance," from shipping, transporting, receiving or possessing firearms or ammunition. In an open letter to all federal firearms licensees, the Bureau of Alcohol, Tobacco, Firearms and Explosives, warns licensees not sell firearms or ammunition to medical marijuana use ID cards holders. The letter further states that medical marijuana user must answer "yes to question 11. e. on ATF Form 4473." This warning also applies to private firearms transactions.

A medical marijuana user is prohibited from possessing firearms. Before being prescribed marijuana, think about the legal ramifications.