If you are a medical marijuana user in California, the federal government has disestablished your constitutional right to own a firearm.
Despite the fact that marijuana is legal in California, and it is your constitutional right to purchase and own a gun, the federal government doesn’t consider cannabis a relevant or pertinent medication, no matter how much back pain you may have.
Federal law asserts that it’s illegal to acquire and possess a firearm if you use a controlled substance. In this case, even medical marijuana is treated as if it were a controlled substance.
In order to counter numerous gun dealers, the Bureau of Alcohol, Tobacco, Firearms and Explosives maintained, “There are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by state law.”
California as well as sixteen other states have legalized medical marijuana. The state has issued almost 57,000 medical marijuana cards, according to the California Department of Public Health.
Medical marijuana advocates, as well as guns rights advocates are saying this policy is a direct encroachment of their second amendment right to keep and bear arms.
Licensed gun dealers are not permitted sell a gun or ammunition to anyone that freely expresses on the paperwork that they are using a controlled substance, or if the dealer has a “reasonable cause to believe” that a person uses drugs. Reasonable cause can even include even talking about drugs.
In an interview with the Associated Press, Gary Marbut with the Montana Shooting Sports Association indicated that this puts an unreasonable burden on gun dealers to deny their customers the ability to purchase.
“Their business is to be merchants, not to be cops. Unfortunately, the federal licensing scheme complicates that. It sounds as if the (ATF) is expecting them to drift further into the cop role,” Marbut said.
The Justice Department nonetheless alleges that part of the responsibility of selling guns is to keep them away from people who are prohibited from having them.