Medical Marijuana Users, Want Your Guns Back? Legalize Weed

By: Jeff Caldwell, II

Yesterday a US federal court upheld the federal ban of gun sales to medical marijuana cardholders. The ruling affects all citizens in the following states and territories:

California, Oregon, Washington, Arizona, Nevada, Alaska, Hawaii, Idaho, Montana, Guam, and Northern Marian Islands

California, Arizona, Nevada, Hawaii, and Montana are the states mentioned that have medical cannabis laws. The court could have ruled differently. If the court ruled in favor of the people, cardholders in these states would have been allowed to legally purchase firearms.

Since this did not happen, medical marijuana users either have to continue without buying guns, turn to the black market, or hire security.

How is a medical cannabis cardholder denied the right to purchase a firearm?

People who want to legally purchase cannabis for medical purposes must register with the state. If a person is granted access to legal medical cannabis, the person is placed into a database. Since it is against federal law to sell a gun to a medical cannabis cardholder, gun stores run checks against people registered as medical marijuana cardholders.

What can be done?

To go around the federal law that forbids medical cannabis cardholders from purchasing guns, states should fully legalize cannabis. This allows for cannabis users to purchase a gun. Medical cannabis cardholders who want to purchase a gun would be able to opt out of the medical marijuana system.

To challenge federal law, states need to pass legislation granting immunity for medical cannabis cardholders when purchasing a gun.

Jury nullification. A case could reach a jury trial where jurors have the right to nullify the federal law. If a jury trial finds a defendant not guilty under current law, the law no longer applies.