Federal Government’s Attempts To Justify The Federal Firearms Ban For Medicinal Marijuana Users

A lawsuit contesting the federal firearms bans that apply to medicinal marijuana users has just been filed, according to two long blogs at Marijuana Moment.

The Department of Justice requested that a federal judge reject a case that attempts to invalidate a rule prohibiting medicinal marijuana users from purchasing or possessing firearms. The government’s argument that it would be “dangerous to expect frequent marijuana users to exercise good judgement” with weapons forms the basis of a portion of the brief.

Surprising Historical Analogies

Incidence of Pediatric Cannabis Exposure Among Children and Teenagers Aged 0 to 19 Years Before and After Medical Marijuana Legalization in Massachusetts

In arguing for dismissal, the DOJ also drew surprising historical analogies to prior gun prohibitions against certain groups, including Native Americans, Catholics, panhandlers, persons who refuse to swear loyalty to the government, and those who shoot guns while intoxicated.

A lawsuit challenging the federal firearms bans that apply to medicinal marijuana users has just been filed, and the people at Marijuana Moment have two extensive postings explaining it. The following are links to the articles and excerpts:

A lawsuit seeking to overturn a rule prohibiting medicinal marijuana users from purchasing or possessing firearms was dismissed by the Department of Justice on Monday in a request to a federal court. Part of the reasoning for the ban stems from the government’s assertion that it would be “dangerous to expect frequent marijuana users to exhibit good judgment” around weapons.

In support of its argument for dismissal, the DOJ also drew startling historical comparisons to prior gun prohibitions against groups including Native Americans, Catholics, panhandlers, those who reject the government’s oath of loyalty, and those who shoot guns while intoxicated.

Regarding the DOJ’s answer, Fried stated, “I think that to be quite offensive.” “You accuse cancer patients who use medicinal marijuana of being harmful. Veterans who use medicinal marijuana are being warned that they are toxic. I believe they dropped the ball in this situation, and it is quite troubling that they went in this route.

“Many of the people have been battling against this caricature of marijuana users for years — for decades,” the commissioner said. The commissioner is running in the Democratic primary for governor with the hope of unseating Gov. Ron DeSantis (R) in the general election. It was “extremely upsetting to see the Department of Justice put it down in a 40-page document explaining their petition to dismiss.”

Also read: Locals On Medical Marijuana Cards

Federal law makes it unlawful for medicinal marijuana users to own weapons

The federal government forbids the purchase or possession of a weapon by Schedule I drug users. Even though most states have legalized medicinal marijuana, it remains illegal on the federal level with no recognized medicinal purpose that is Schedule I.

Federal law nonetheless forbids the purchase or possession of a handgun by those who use medicinal marijuana in line with the state-licensed systems in place. 1 Therefore, it is up to medical marijuana users to either declare their use of the drug, which disqualifies them from obtaining a weapon and forces them to give up custody of all guns or falsify their position as a user of the drug, which might result in fines or jail time.

The Gun Control Act of 1968 (the “Gun Control Act”) governs the sale, distribution, and possession of weapons at the federal level. The main goal of the Gun Control Act is “to prevent weapons from falling into the wrong hands” by regulating the sale of firearms.

The government has identified certain kinds of people who are barred from owning or carrying a handgun under Section 922(g) of the Act, including convicts, those with mental illnesses, and people who are illegally present in the country. They also define “an unlawful user of or addicted to any banned narcotic” as a category of persons who are categorically prohibited from possessing or using a weapon.

Also read: Biden DOJ: Medical Marijuana Patients Too ‘Dangerous to Trust’ to Dismiss Gun Rights Lawsuit

Controlled Drugs Act of 1970

The Controlled Drugs Act of 1970 categorises and defines controlled substances. According to the Controlled Substances Act, marijuana is a drug that is listed on Schedule I. This designation establishes the plant as a “drug…with no currently accepted medical use and a high potential for abuse.”

Since being listed as a controlled substance under the Controlled Substances Act, marijuana has been defined by the federal government as a cannabis plant containing more than 0.3% THC. In contrast, if a cannabis plant contains up to 0.3% THC, it is considered a hemp cannabis plant, not marijuana, and is legal to possess and use.

Federal Government Approved Sale of Marinol

To further complicate matters, the federal government approved the sale of Marinol, a synthetic version of THC created in a lab. It classified it as a Schedule III narcotic. Drugs classified as Schedule III are those that are currently approved for medical use in the United States and have less abuse potential than drugs classified as Schedules I and II. Abuse of a Schedule III drug may result in only a moderate to the high level of psychological dependence or low to average levels of physical support.

There are no variations in the chemical makeup or psychological effects of THC in a marijuana plant and THC in a Marinol pill, despite Marinol being synthetically created rather than naturally occurring from a marijuana plant. As a result, despite marijuana being listed as a Schedule I substance, the federal government has acknowledged that cannabis has some medicinal use.

Also read: Best Cannabis Stocks To Buy Long Term?

Marijuana has No Medicinal Benefit

Despite the fact that the federal government maintains that marijuana has no medicinal benefit, medical marijuana programmes are legal in 36 states, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands. People may be given medical marijuana through these programs to help with or cure their health problems.

Also, under these programs, people who have or use medical marijuana by their state’s program will not get in trouble with the law. Even though most states recognize the medical value of the marijuana plant, the fact that marijuana is a Schedule I drug by the federal government overrides any state laws that say otherwise. So, medical marijuana programs that are legal in some states are still illegal at the national level, and using medical marijuana is still against federal law.

In conclusion, the Gun Control Act outlaws the ownership or possession of firearms by anyone who is an “illegal user[s] of or addicted to any restricted drug.” These illegal users include those who use marijuana for medicinal purposes on their doctors’ advice and in line with state laws, which is considered knowing possession of a controlled drug under federal law. A person who gets a gun or has one in their possession while using medicinal marijuana is breaking the law and may spend up to 10 years in prison.

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