Medical Marijuana and Guns Don't Mix, Warns ATF in Letter; Federal Law Prohibits Pot Users From Owning or Buying Firearms

Categories: Medical Weed
atf logo.jpg

The U.S. Alcohol, Tobacco and Firearms Bureau, the same agency that lets drug cartel members buy guns, is warning firearms dealers not to sell to medical marijuana users.

In an open letter to the nation's licensed firearms sellers, the ATF reminds dealers that federal law prohibits any user of a controlled substance from possessing or buying guns. A standard form filled out by gun buyers asks if the buyer is a "user of" or "addicted" to any controlled substance -- checking "yes" effectively cancels the sale.

Federal law goes even further, states the letter by Arthur Herbert, ATF assistant director of enforcement programs and services, banning sales if the gun dealer merely has a "reasonable cause to believe" a buyer might be a pot user.

"Therefore, any person who uses or is addicted to marijuana, regardless of whether his or her state has passed authorizing marijuana use for medicinal purposes, is an unlawful user" and cannot own or buy firearms, Herbert writes.

 

marijuana and guns.jpg
Image: www.sodahead.com
Guns, good. Marijuana, bad. Guns and marijuana together, really bad. Got it?

It doesn't appear, however, that the ATF has the power to cross-check gun purchases with the state's list of marijuana card-holders, meaning that from a pot patient's point of view, the system is somewhat "on-your-honor." It doesn't seem likely that many card-holders would, as Herbert says, offer a state-issued medical-marijuana card as identification during a gun purchase.

While worrying about a few pot patients at gun stores, the ATF continues to battle bad PR stemming from the deadly "Operation Fast and Furious," in which the agency allowed suspected drug cartel affiliates to buy hundreds of guns from stores. The ATF was supposed to track the buyers, but didn't. And the bodies have piled up. Using the Fast and Furious guns, thugs killed Border Patrol Agent Brian Terry and several other people in the United States and Mexico. Arizona U.S. Attorney Dennis Burke, who helped oversee the operation, lost his job over the screw-up. A federal investigation into the scandal is ongoing.

There are a couple of supreme ironies here. One is that if medical marijuana was legal nationwide, the cartels would see a massive drop in business -- and thus, the need to buy as many guns.

The other can be expressed in a simple question: Does it really make sense that there are hundreds of stores that sell guns in Phoenix, but none that sell marijuana?



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49 comments
SpareMeTheBS
SpareMeTheBS

If there's any one group of people in America that understand what it feels like to be blamed for the illegal use of something that they use legally, its gun owners.  Who knows better what its like to have the bad behavior of every lowlife with a gun hung around the necks of legitimate gun owners?  The same thing exactly is happening here and it only coincidently involves guns.  Legal users of marijuana under state programs enacted by the will of the voters are being punished for the behavior of illegal users.  Are there people in medical marijuana programs that don't really need it? Without a doubt.  There are also small armies of people who's only activity in life involves obtaining pain meds like Oxycontin and morphine.  Do we deny and or disarm cancer patients on pain meds because there are junkies?  People who ingest THC by taking the pill Marinol and soon the spray Sativex aren't being disarmed.  The only difference between these people and medical marijuana patients is that the pill and spray people pay small fortunes to the pharmaceutical companies.  If THC swirling around in a Marinol patient's blood is no cause to take away guns then how in God's name do you strip people's freedom for ingesting the same exact substance?As I said, gun owners know exactly how it feels to be villified for the acts of criminals.  They should fight hard to stop that tactic from being used as the back door path towards total disarming, everybody.

No Patience for Idiots
No Patience for Idiots

If you are the type of person with a talent for organizing, use your skills to protect your country and fellow citizens.  We need someone to organize the fight against this and other ridiculous attacks on our freedoms.  Right now there's a movement to get people to move their money out of the big banks that screwed the economy and put that money in smaller local banks and credit unions.  The plan is to move at least a billion and it will send a shock wave through the bankers.  They ignore us until it costs money.  

We need the same kind of movement that will work hard to defeat politicians who don't protect ALL of our rights.  We need people to forget democrat and republican and join together as Americans.  Both parties are guilty as sin.  Look back as far as you like for the past 50 or so years.  No matter which of the two parties was in power, we lost some rights.  The two parties play us all for suckers by keeping us fighting each other over wedge issues.  As long as they keep Americans divided and fighting each other over liberal vs conservative issues, they can continue to take our freedom.

So.  If you are the one who has a talent for organizing, do it.  Seems like 90% of the posters here would be glad to join up and fight the good fight. 

No Patience for Idiots
No Patience for Idiots

It starts with Medical Marijuana patients.  Once the government gets away with this, they will have set a precedent.  How long will it take them to add alcohol abusers to the list?  Any administration intent on shrinking gun ownership rights will start a drumbeat about drunk driving and alcohol related violence and overnight, every American who has ever had an alcohol related "event" will be disarmed.  Whether you support medical marijuana or hate it with a bitter passion, you better fight this if you don't want to set the stage for what will surely follow. Cheers.

SHANE MONET
SHANE MONET

WHEN HAVE YOU SEEN A POT HEAD GO OUT AND KILL PEOPLE WITH A GUN.THIS IS STUPID THAT THE FEDS WANT TO SCREW WITH PEOPLE THAT ARE LEGAL.GO AND DO YOUR JOB AND TRY TO FIND THE GUNS THAT YOU LOST BECUSE YOU WERE TO WORRIED ABOUT THE LEGAL POT HEADS THAT MIGHT HAVE OR WILL GET GUNS.DO YOU JOB AND GO AFTER THE REAL DRUG,.METH,ACID.HERION,AND SO ON.I BET HALF OF THE FEDS ARE POT HEADS.

Jeremy Brueckner81
Jeremy Brueckner81

Two things... First of all, if the law states that any person prescribed or addicted to a controlled substance can't purchase a firearm. Well then a medical marijuana patient doesn't count to that category. Seeming how for one that marijuana is neither controlled nor addictive. If it were controlled then I could go to my local CVS or Walgreens and get my prescription. And as for the addictive side of it, no pot head has ever robbed a bank nor ever over dosed on marijuana.

Jeremy Brueckner81
Jeremy Brueckner81

I am not sure what happened to the rest of that first post. But it's not the fact that no pot head has ever robbed a bank. Cause I am sure it's happened, but not solely to buy a bag. I believe that lawmakers are pushing on this issue since now they can't make arrest for marijuana patients, they want to put a new law in place that they can press on. Where as more drunks have committed gun crimes than those that favor or need marijuana for medicinal purposes. The very foundation of America has been skewed by lawmakers, next they may try to push on medical patients receiving thier license to drive. Either way, money is money right? I paid to get my medical card and I also paid to get my CCW. I have went through all the steps to secure my legal freedoms. I am a patient and law abiding citizen that reserves my right to defend what I have. That's what America is all about. If it weren't for our rights and freedoms, then we wouldn't be half the country that we are.

Jeremy Brueckner81
Jeremy Brueckner81

And secondly, I am a veteran of this country and a born and raised American. I believe I have served my part and earned my right to bare arms. I believe the people of this nation would agree with me on this one. I shouldn't be judged nor persecuted for my handicaps. Because I don't want and fear the stupid "narcotics" that the doctors at the VA have tried to prescribe me. Should I not be allowed to defend my family, home, and personal pocessions?

Albert
Albert

 I'm not sure about Prop 203, but I think it has some protection for people who have to have, want or need certain state licences, and permits. And not being denied.  Now that I think about it where in the Constitution  does it say that the Federal Government has this specific authority to deny firearms to state legal medical marijuana patients, and U.S. Citizens? Oh yeah, it's not in there.  

 The Second Amendment does apply. A Constitutional Amendment is needed if you want to change or alter  the Constitution. I really think think the 14th Amendment should apply.. no state shall make or enforce any laws which shall abridge the privileges or immunities of the citizens of the United States. The word state usually applies to 50 states, but in my opinion the state means all government... Federal and state.  Why would it be okay for the Federal side make laws that abridge our privledges and immunities and not okay for the States? I think it was just a a typo... And think that they forgot to add The United States instead of state. What part of ENUMERATED do you not understand???? Hell.... they took the statement of to regulate commerce with foreign Nations, and among the several States.... and turned that into a clause? Its not a clause.... its part of 1 sentence. And it doesn't even say every aspect of commerce. And back then commerce dealt with travel between two or points. Not letting states, or local governments hinder, or stop the movement of goods.  

charlie_oscar
charlie_oscar

In the midst of running guns into the arms of Zeta hit squads - the ATF is going to try and reclaim credibility with this? Let's start with firing those clowns who conjured up F & F, apologize to the Mexican people with a public press conference - then come back in 5 years and maybe....maybe....we will take them serious.

The only danger with firearms and MM patients is they might not remember which drawer they left it in...

Green6491
Green6491

whatever happened to the right to bear arms? This is the United States of America you fucking pieces of shit. Politicians and everyone involved in the government these days seeem to be straight off the special ed bus. I use medical marijuana and i would love to see you  come and try to take my guns away bitch. You'll catch some.270  and .308 rounds, maybe even my.40 fucking leeches. Sucking our government dry and then want to tell the people to do shit that goes against some of the foundations that this great country we live in was built on. Suck my dick pussies

Clay Hillin
Clay Hillin

Fuck yeah man. I'm with you to the end.

dewalt sale
dewalt sale

So lets see the logic for this one. I have cancer and buy marijauna legally in lets say Colorado. According to the ATF I do not have the right to defend my property if some thug decides to invade my home after following me home from a weed store? Ridiculous!

Bill Wambold
Bill Wambold

Wow! these people still watch "Reefer Madness." .They must simply be stopped. They are playing "Power Madness!   Really sick! 

No Patience for Idiots
No Patience for Idiots

Obama admitted to smoking marijuana semi regularly as a young man in college.  What a two faced scumbag.  If he had been caught smoking then he wouldn't have been able to be elected to any office let alone the presidency. What this is all about is that big pharmaceuticals have developed a product made from marijuana.  They want to sell it in pill form to us for outrageous prices, like they do with other prescription medicines.  The Obama administration has been careful to only denounce "smoked" marijuana.  They want to make sure that the sick and dying aren't able to grow for free what his big business buddies want to sell them. Compassion for the suffering of the sick and dying plays no part at all in Obama's planning. His mission, like Bush's before him is to wring every last nickel out of an underpaid population and dump all that cash into tax cuts for themselves and their wealthy friends. Twelve months from now we all flock to the polls like lemmings and elect one of two scumbags who will continue to downgrade our standard of living and erode our freedoms.

Josh
Josh

So not only do we not have first amendment rights, we do not have second amendment rights either... nifty.

No Patience for Idiots
No Patience for Idiots

When you get to the point that we have reached you really have NO rights at all.  Rights are the rules that are supposed to protect us from government.  If government gets away with taking away ANY right then you are not really free.  Free people have real rights that by definition can not be taken away.  Rights are the power we have as citizens to say NO to government when it oversteps its authority.  All that said, nobody is going to do anything to stop this.  It will only get worse and worse.

chistes
chistes

Is the ATF still in business ? Every single person involved in Fast and Furious should be "re-assigned" to Levenworth. 

Rob McDonald
Rob McDonald

The unconstitutional ATF employee, and any boss that told him to write this needs to be fired immediately!  There has never been a constitutional amendment against marijuana, and that is exactly what would be necessary to legitimately take a plant away from the American people! BACK OFF FEDS! YOU HAVE NO JURISDICTION OVER MEDICINAL MARIJUANA ALLOWED BY THE STATES! OBAMA FIRE SOME PEOPLE NOW AND PROTECT OUR RIGHTS!

No Patience for Idiots
No Patience for Idiots

Obama is the man behind this.  He promised to let the states deal with medical marijuana just like he promised all kinds of other things that he has failed to deliver. Possibly the biggest bald faced liar to live in the White House and THAT takes some doing. 

Albert
Albert

Well said!!!!  Yeah... Only the Army, Navy, Post Office are allowed to be in existence. Maybe a few others for assisting some of the other enumerated power?  There is no enumerated power to create these other agencies.   

BlackPowerToThePeoples
BlackPowerToThePeoples

"The U.S. Alcohol, Tobacco and Firearms Bureau, the same agency that lets drug cartel members buy guns"

Actually, I think that was the liberal run F.B.I.

Walter Concrete
Walter Concrete

Oh my.   Whatever will the people who take morphine, oxycotin, demerol, valium etc do without their firearms?    Those are controlled substances aren't they?    Oh, that's right.    They have to get a prescription to legally possess those drugs.   Just like medical marijuana users must get a prescription to use marijuana which is a controlled substance.    It's a good thing the federales are so much smarter than us dumb hicks.   They know what laws mean, cuz they're smart.

No Patience for Idiots
No Patience for Idiots

Nobody rigs a game better than the US federal government.  They get around this by saying that prescriptions are federally controlled.  They say that when your doctor prescribes marijuana for your symptoms that its not "really" a prescription. That leaves them free to allow Oxycontin,morphine or whatever alone and persecute the "bad" sick people.  One good side benefit to this is that lots of people who would otherwise have supported our liar sack of poop president for reelection will not vote for him because of this.  

whizkidd
whizkidd

So I can take my vicodin, valium, oxycontin, beer and whiskey and still go shooting legally right? Cuz right now I got a good buzz going and I don't want to break any laws!

Tom Herron
Tom Herron

Let me see if I understand this; It is ok for the ATF to sell assault weapons to the drug cartels (Operation Fast & Furious) who then take those same assault weapons and turn around and kill Federal agents, but American business’s can’t sell small arms to American citizens for protection of life and property if they have a recommendation from a doctor for medical marijuana. Ex: Man kills family then self in a blank induced rage. Would blank refer to alcohol or marijuana? Get real people.

shadeaux14
shadeaux14

Actually Tom, society just might be safer if gun owners were required to smoke pot.

Seedy Ward
Seedy Ward

Ray, you hit the nail on the head. The hypocrisy amazes. We have too many ridiculous laws and policies on the books, yet far too little common sense in the law enforcement community -- especially at the top levels.

Eleanor
Eleanor

Common sense especially at the top levels is still just a fantasy. 

Common sense in the people who vote needs to be addressed first.

Willdieforyourfreedom.
Willdieforyourfreedom.

You only get to vote for the people they feel are fit candidates which in turn are people that are for THEM. Personally why vote if it does not matter who I vote for when once they get into office everything they said they were GOING to do goes out the window and everything they want to do happens. Degrees and the highest education does not teach common sense. Money and who you know buys you power and mankind has always tried to enslave and control others for personal gain and those who stand in the way are dealt with. The sad part is as intelligent as humans are we are yet the dumbest to learn from our mistakes when we have history books to point it all out and we are once again.....doing the same thing. The cycle continues.

Royalphoenix2
Royalphoenix2

Is the ATF still in business ? Every single person involved in Fast and Furious should be "re-assigned" to Levenworth. peace

shadeaux14
shadeaux14

The only thing an armed pothead might do is steal your cheeseburger. I'm starting to feel my personality splitting, I'm a member of the NRA, the ACLU, use medical marijuana, and am a commie pinko progressive INDEPENDENT.

Bnbk
Bnbk

That's too funny ! I also am pro 2nd ,pro ACLU,pro medical marijauna(not a user) & a progressive independant. Maybe we should start a club.

geneo
geneo

I'll join the club

SpareMeTheBS
SpareMeTheBS

The sad part isn't that the ACLU won't fight for medical marijuana patient's 2nd amendment rights. You wouldn't have expected them to. The sad part is that the NRA proves itself to be a paper tiger.  For years as a member I received mail from them begging money that they needed to stop Obama from taking away American's guns.  Well. The Obama administration HAS used the ATF to take away those very rights from one third of a million Americans in 16 states and DC. No trial. No hearings. They simply declared the right taken and it was.  After all the tough talk that accompanied those requests for money sent by the NRA, when push finally came to shove, they were embarrassingly silent. Apparantly what they were talking about when they talked about prying it out of their cold dead fingers wasn't our gin rights, but rather our money.

chilly willy
chilly willy

A conflicted club of madness.  ACLU does not support the individuals right to bear arms and disagrees with the Supreme Court.  http://www.aclu.org/racial-jus... .   Progressives are so dumb. If you are pro ACLU... you are anti-second amendment.  It is like saying your are pro-life but support RoeVwade.

shadeaux14
shadeaux14

I have a feeling that, except for some of the contributors to this forum, it would be the smallest club in Az.  Of course, it would be nice to have help in proving the anti-pot crowd engineered the downfall of Krispy Kreme.And, before anybody starts to worry that, in a pot-induced frenzy, I might grab a gun, break into their home and eat their children, I got rid of my guns when I was diagnosed with MS.

chilly willy
chilly willy

A conflicted club of madness.  ACLU does not support the individuals right to bear arms and disagrees with the Supreme Court.  http://www.aclu.org/racial-jus... .   Progressives are so dumb. If you are pro ACLU... you are anti-second amendment.  It is like saying your are pro-life but support RoeVwade.

chowster
chowster

Right.... what about guns in the hands of beer guzzling rednecks and prescription pain med users?

Take home message:  Guns, opiates, and alcohol = A OK!    Git R Done!

This country is headed down a very dangerous road it seems, and I am amazed more Americans don't see it happening.  It happened in other countries, it can happen here. Way too many similarities already taking place IMO.http://www.rense.com/general37...

Bnbk
Bnbk

What's to stop medical marijuana users from buying a gun from a private owner ?  Another useless law with no teeth. Wonder where the NRA stands on this one ?

shadeaux14
shadeaux14

I'm waiting to see what the "2nd Amendment Champions" like Pearce and the cryptkeeper have to say about this.

Actually, the feds can charge you with posession of a firearm by a prohibited person and I believe the penalty can be 10 yrs in prison.

Albert
Albert

But this whole thing could tie into the recent ruling by the Supreme Court from June. The court said citizens could (now???) file a complaint against the Federal Government for far over reaching statues... (Obamacare)  The Second Amendment says everyone has the right to have firearms. That is protected in the Constitution!  Whats not really allowed, is any  restriction put on our Constitutional rights. Under what authority under the Constitution does Congress have to pass these laws? There isn't one enumerated power is the Constitution that gives the Government this power or right.

chilly willy
chilly willy

Actually.... Pearce believes in that the 2nd amendment transcends to everyone except violent convicted criminals.  The bigger question is... where are the gun-restrictive progressive fanatics on this one?  I wonder if the ACLU will come forth and represent... it would be refreshing to see them on the correct side of the 2nd amendment.

Coz
Coz

What a joke the Feds are.

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