Constitutional Law

Medicinal marihuana and GCA 68

From an email making the rounds:

"Nevada has just started adding the names of those who have a lawfully obtained medical marijuana card to the "do not purchase" list. You are now denied if you try to purchase a firearm in Nevada (from an FFL). They don't come out to your house and take your already purchased guns (not yet anyway) but the do not allow any new purchases. "

The Gun Control Act bans firearm receipt (and possession) by anyone who "is an unlawful user of or addicted to any controlled substance (as defined in §102 of the Controlled Substances Act (21 U.S.C. §802)." The problem is that while the State has legalized it, the Feds have not; Pres. Obama has just given it a manner of dispensation, but the law remains in force.

I've heard it said that medicinal marihuana is a gateway drug; many users go on to full-blown chemotherapy.

Full post as published by Of Arms and the Law on March 23, 2010 (boomark / email).