You may remember last week we talked about how some states are pushing to take gun rights away from people prescribed medical marijuana. Of course, this topic has sparked a lot of conversation on how medical marijuana should be addressed. But a lot of the discussion has been on how 2nd amendment rights should be protected. The debate ranges from push-back for individual states, to argue that federal law still considers marijuana a schedule 1 drug, meaning people who use the drug are not allowed to own or possess firearms.
Well, since we have already jumped into the discussion comparing gun rights and medical marijuana, we might as well talk about another interesting story brought about by a Democratic congressman from California.
Concealed Carry Reciprocity
The whole conversation starts with the introduction of the Concealed Carry Reciprocity Act, which is currently being pushed by Republican lawmakers this week. This new piece of legislation would mandate that if someone is able to receive a concealed carry permit for a firearm in one state, that all other states would be required to honor that concealed carry permit. This means even if your state has much more strict requirements for concealing a gun, someone from a state with much more relaxed requirements is still allowed to travel into your state with a concealed weapon.
Now to be clear, there are many states that already honor concealed carry reciprocity. For example, if I were to get my concealed carry permit in my home state of Ohio, the vast majority of states would allow me to carry a concealed weapon.
Also, in the Buckeye State, they actually recognized the concealed carry permits of every other state already.
But Democratic Congressman Ro Khanna argues that it goes against the very idea of state’s rights and federalism. He argues that the Republican Party, which is often the champion for state’s rights, is forgetting that each state should be able to determine what laws are best for their own citizens and that this legislation will essentially federalize concealed carry permits.
The reason we wanted to talk about this is due to the argument used by Congressman Ro Khanna using marijuana to try and make his point.
Congressman Ro Khanna, who represents Silicon Valley area, made a video that argues that if the GOP wants to move forward with making concealed carry permits a national movement, then the same protections should be required by all states to honor marijuana laws.
In the clip posted to Twitter on Wednesday, Khanna states:
“If one state allows the legalization of marijuana, does that mean every state needs to allow the legalization of marijuana?”
Going off of Khanna’s comparison, applying the logic of the H.R. 38 Concealed Carry Reciprocity policy to marijuana would mean someone in California who received a doctor’s recommendation for medical marijuana for anxiety should be able to legally use marijuana in Pennsylvania.
Pennsylvania has more strict restrictions on their medical marijuana laws, with anxiety not being included as a qualifying medical condition.
While Khanna’s comparison is more tongue-in-cheek as part of his opposition to the H.R. 38 bill, it does present an interesting question; should medical marijuana be recognized with reciprocity? One should remember that gun ownership is an actual constitutional right, versus cannabis decriminalization being a recent movement.
Then again, does it make sense to argue “what’s good for the goose is good for the gander” in a context like this? This brings us back to the argument of whether or not the federal government should be putting more effort into federal law against marijuana, or if the states have more a right to decide if they will allow cannabis for medical or recreational purposes.
It is still an interesting argument to make. Should states compare these two concepts in the debate on policy?
Marijuana reform remains a controversial topic. However, the legal status of any medication does not take away from the dangers of substance abuse. Plenty of prescription medications have a high risk of abuse and addiction, and marijuana abuse can be harmful to an individual’s life.
People often mistake marijuana for having no addictive properties. This misconception is because most people consider cannabis a ‘soft drug’ when compared to other ‘hard drugs’ such as crack-cocaine or heroin. While the chemical hooks may not be as drastic or apparent, the truth is that habitual use of any chemical can result in developing tolerance, which can also lead to withdrawal. Symptoms most commonly associated with marijuana withdrawal include:
- Insomnia, nightmares, vivid dreams, using dreams
- Drug craving
- Mood swings
- Loss of concentration
- Weight loss and weight gain
- Digestion problems
- Night sweats
- Decreased sex drive
- Shakiness and dizziness
If you are struggling with cannabis abuse, do not hesitate to get help today. Often time’s people who use one substance develop a habit of abuse with many others.
Be careful not to underestimate the substances you are using. If you or someone you love is struggling with substance abuse or addiction, please call toll-free now.
CALL NOW 1-800-951-6135
Author: Justin Mckibben
It seems politicians are telling people- take your pick; guns or marijuana… you can’t have both.
Back in 2016, you may recall that we did an article covering the story of S. Rowan Wilson, a Nevada resident who in 2011 was denied when attempting to purchase a handgun when the gun store owner recognized her as a medical marijuana cardholder. In court, Wilson maintained that she does not herself use marijuana, but in August of 2016, the 9th U.S. Circuit Court of Appeals decided in a 3-0 vote that if you have a medical marijuana card, you can’t buy a gun.
Recently the ideas behind this case have sparked renewed outrage and discussion over whether or not medical marijuana users should be permitted to own a firearm. The gun control debate is one that is already being consistently argued in the shadow of recent mass shootings and pushing from politicians to address the issue. But drug policy impacting gun policy adds a new perspective to the conversation.
Now there are several states cracking down on marijuana users, and it has some people up in arms about how even though states are legalizing medical marijuana use, federal law and many state governments are cutting them off from their right to gun ownership.
Under Federal Influence
According to federal law, gun purchases are already prohibited to people who are described as:
“-unlawful user and/or addict of any controlled substance.”
Back in 2011, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) insisted that the law applies to marijuana users-
“regardless of whether [their] State has passed legislation authorizing marijuana use for medicinal purposes.”
So it seems the ATF and the federal government are pulling out all the stops when it comes to making sure marijuana users aren’t allowed to own guns.
The decision in the care of Wilson and the 9th U.S. Circuit Court of Appeals includes the areas:
- District of Alaska
- District of Arizona
- Central District of California
- Eastern District of California
- Northern District of California
- Southern District of California
- District of Hawaii
The Supreme Court ruled that it is NOT a violation of 2nd Amendment Rights to deny guns to marijuana patients. The impact of that ruling has now begun to spread. It would seem the federal government thus far is standing by this. Special Agent Joshua E. Jackson of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives in Washington D.C. states:
“There are no exceptions in federal law for marijuana used for medicinal or recreational purposes.”
And as far as things look now, there will be no change anytime soon to the federal government’s stance on marijuana. Especially with the current administration emphasizing so heavily a law and order approach to drug policy.
More States Against Marijuana and Guns
Even though there are 29 states and Washington D.C. that have voted to allow patients to have access to medical marijuana, several of these states are choosing to trade that opportunity for a shot at gun ownership. In fact, just this week a few state officials announced their own stance against allowing gun owners to be medical marijuana patients.
In a move that spurred a backlash of viral videos and other reports, Hawaii took a bold step in this effort. Last week the Honolulu Police Department sent letters to medical marijuana users saying that they will need to turn in their weapons within 30 days of receipt. According to Leafly, a copy of one of these letters states:
“Your medical marijuana use disqualifies you from ownership of firearms and ammunition.”
However, the letter also apparently says that the medical marijuana patients can get their firearms back. The stipulation being they would need a doctor’s clearance to do so.
A similar situation happened in Pennsylvania. The state police director of the Bureau of Records and Identification, Major Scott C. Price, made an announcement on Tuesday stating:
“So, in fact, an individual who is issued a medical marijuana card in Pennsylvania who is a user of medical marijuana, that individual would be prohibited from purchasing or technically possession of a firearm under federal law.”
So Pennsylvania won’t allow people to even be in possession of a firearm at any time with a medical marijuana card.
Ohio’s medical marijuana program becomes operation in September of 2018. Information from industry analysts estimate that 24% of the state’s population have qualifying conditions; that’s 2.8 million Ohioans. But just this week it was announced that people in the Buckeye State who register to legally use marijuana for medicinal purposes will also be prohibited from possessing firearms.
According to the ATF letter from back in 2011, marijuana users are also prohibited from:
- Possessing firearms or ammunition
So anyone in Ohio who is applying to purchase a gun from a licensed dealer must sign a form attesting her or she is not “an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.”
Under federal law, lying on the form is a felony punishable by up to 10 years in prison. Even Joe Eaton, southwest spokesman for the Buckeye Firearms Association says they are confused at this point,
““There is definitely a conflict between the state laws and the federal laws,”
Some Ohio law enforcement officials are also unsure at this point how to enforce these situations as of the moment, and are depending on their prosecutors to provide more clarification through the conflict with state and federal law.
Will Marijuana Users Go Molon Labe?
For those unfamiliar with the term, molon labe is Greek for “come and take [them]”. This declaration has been repeated by many generals and politicians to express an army’s or nation’s determination not to surrender. The motto ΜΟΛΩΝ ΛΑΒΕ is on the emblem of the I Army Corps of Greece and the Second Infantry Division of Cyprus, and is also the motto of United States Special Operations Command Central (SOCCENT). The expression “Come and take it” was a slogan in the Texas Revolution.
It is also a popular choice of words for many 2nd Amendment advocates.
The question becomes, how will the hardcore 2nd Amendment supporters react to this ruling against medical marijuana and guns? Some actually believe this may actually inspire the National Rifle Association (NRA) to become pro-medical marijuana at the federal level. Will this kind of shift in support turn the tide?
Will avid gun owners come out in strong opposition to taking away guns from medical marijuana patients, or will they agree that drug use should disqualify them from owning or possessing weapons and ammunition?
How should authorities proceed? Is this a safe political sit rep or another war of opinions waiting to happen?
Treating Marijuana Abuse
Whether or not you support gun ownership of medical marijuana patients, we should all be able to get behind having treatment resources for anyone who struggles with substance abuse.
Marijuana, much like any other substance, can be abused and have an adverse impact on the overall quality of life for many people. No matter what the legal status of any drug, it can still have a negative impact on people who grapple with substance use disorder. We know this all too well, as plenty of prescription medications helped create the opioid crisis in America.
There still needs to be resources available to help people who suffer from abuse. Supporting addiction recovery means breaking the stigma and offering holistic and effective solutions. Palm Healthcare Company is here to help. If you or someone you love is struggling, please call toll-free now.
CALL NOW 1-800-951-6135