Ammo.com: Protection or Pain Treatment: Choosing Between Your Gun and Medical Marijuana

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If you’ve ever filled out a Form 4473, you’re familiar with the Question 11e: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or other controlled substance?” In case you thought there was any ambiguity with regard to medical marijuana, you were wrong. Indeed, there is a warning in bold right underneath the question that clarifies:

“Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized or for medicinal or recreational purposes in the state where you reside.”

Regardless of what one thinks about marijuana, its legalization or the right of the federal government to regulate either drugs or the internal laws of the various states, the fact remains: As of now, possession, sale and cultivation of marijuana remains a federal offense. It is a Schedule I drug in the same category as heroin and cocaine. You might not like that and you might think such classifications are ridiculous. The federal government doesn’t care.
This is a particularly difficult issue for people who use medicinal marijuana for bona fide medical purposes, rather than as a sort of legal loophole to consume marijuana legally. Many people use medicinal marijuana for a variety of purposes including relief from pain, Alzheimer’s symptoms, glaucoma, epilepsy and a number of complications related to cancer, including nausea and lack of appetite. The science on this is rather conclusive, so much so that Big Pharma makes legal synthetic THC pills known as marinol.
For those who use medical marijuana and wish to protect themselves with firearms, there is a choice: you can keep your guns or you can keep your grass or you can break the law.

What Is the Law Regarding Guns and Marijuana?

Protection or Pain Treatment: Choosing Between Your Gun and Medical MarijuanaIn 2011, the Bureau of Alcohol, Tobacco and Firearms clarified its stance – it is not legal for anyone who uses any illegal substance to own firearms. This includes marijuana, which is legal according to some state laws, illegal according to others, and also illegal under federal law.
The relevant federal law is 18 U.S.C. 922 § (g)(3), which prohibits anyone who uses any controlled substance, as defined by the Controlled Substances Act, from owning firearms. It’s not specific to marijuana. It includes every controlled substance. However, marijuana is worth talking about specifically because of its quasi-legal status, including in a number of relatively gun-friendly states such as Arizona, New Hampshire, Colorado, Michigan, and Nevada.
It’s easy to be cynical about the motivations of the federal government with regard to this topic. However, it is worth briefly noting a couple of facts regarding marijuana with regard to mental health. Marijuana is closely associated with a number of psychiatric disorders, including schizophrenia, but also anxiety, paranoia and even psychosis, though the last of these is quite rare. One might wish to hand-wave this as “reefer madness,” but the correlation if not the causation is well documented.
One might object that those with SSRIs are allowed to legally possess firearms, despite the fact that these have been proven to be dangerous. We don’t disagree that there is a correlation between SSRI use and abuse and gun violence. However, SSRIs being dangerous – or even more dangerous than marijuana – does not make marijuana any less dangerous than it is.
In the interest of balance, we’ll end this section by noting that correlation is not causation. Some have argued that it’s less that marijuana causes schizophrenia than those who have schizophrenia are more likely to use marijuana as a form of symptom relief. We will not attempt to decide which hypothesis is true, but the facts regarding marijuana and mental health bear mentioning.

What Are the Penalties for Ignoring the Law?

We are not encouraging anyone to break the law. And, indeed, the penalties for doing so with regard to firearms are always stiff. Using and possessing marijuana are no exceptions. So what are the penalties for those who simply choose to flout the law and continue using marijuana – legal or otherwise, because remember that the feds don’t recognize the difference – while owning firearms?
First, we should mention that some states, such as Colorado, have prohibited information sharing that would tie your ownership of firearms to your status as a medical marijuana patient. Other states, such as Illinois, have ruled that you can legally own firearms as a medical (or otherwise legal – Illinois is a recreational state) marijuana user. Illinois is not the most gun-friendly state in the Union by a longshot, but it has explicitly said that it will not assist the federal government in stripping otherwise law-abiding citizens of their firearms while also providing them with the same friendly warning that we will throughout this article: that the feds still consider it a crime, so be careful.
But again, the federal law is what is most important for our purposes right now. And the federal appeals courts have upheld bans on medical marijuana users from legally possessing firearms. What’s more, even states that are friendly to medical marijuana have not taken a clear stand on what will happen to people who are stopped in possession of legal firearms and a legal amount of marijuana.
There are two parts of the law here: First, the question of what will happen to you if the feds show up and you have marijuana and a firearm. The second is the question of what will happen if the feds decide to hit you for lying on your form – a lesser, but still serious charge. Neither situation will play out well for you: The federal penalty for being in possession of a firearm, while also in possession of illegal drugs, is ten years in the federal pen. The federal penalty for lying on your Form 4473 is five years in prison.
It’s worth pointing out that if you’re guilty of one, you’re probably guilty of both, so let’s just call that 15 years. And while Jeff Bezos’ left-wing vanity blog The Washington Post has stated that “Your chances of being prosecuted by the Justice Department for falsifying information to illegally buy a gun are almost zero,” no serious person would advise you to lie on your form. This is illegal and a highly risky gambit.
Still, facts are facts and numbers usually don’t lie: The NICS system denied gun purchases 112,000 times in 2017, because they were in forbidden categories. Of these, the ATF investigated 12,700. Of these, a whopping 12 were prosecuted. However, Attorney General William Barr has stated that the feds plan to investigate and prosecute so-called “lie and try” cases with increased vigor, so we might see more prosecutions in the future.
Note that it is not just marijuana users who might fall afoul of federal authorities because of this: literally anyone involved in the cultivation or distribution of medical marijuana is engaged in a federal crime. Thus, they are subject to being penalized in the same way that any other drug user – or drug dealer – might be. Further, all of these laws apply not just to guns, but to ammunition as well.
Again, we cannot state this clearly and unambiguously enough: Purchasing a firearm while using illegal drugs, of which even “medical marijuana” is one, is a federal offense carrying serious penalties, and we obviously urge anyone considering ignoring the law to not do so. The feds are not joking around with people that they prosecute for these crimes.
If you take umbrage at this legal situation, we urge you to contact your state legislators, particularly those who might be on record as sharing your views on the matter. There is a growing movement in America’s state legislatures to protect medical marijuana users who wish to peacefully exercise their Second Amendment rights.

What’s the Deal With Enforcement?

Protection or Pain Treatment: Choosing Between Your Gun and Medical MarijuanaThe legal pretext for charging otherwise law-abiding gun owners because of their use of medical marijuana is the Gun Control Act of 1968, passed at the height of American conservatism’s war on hippies and weed. Note that at this time, there was a low-level insurgency of left-wing militants just starting.
The purpose of this provision of the law at the time was to create an easy way for the feds to hand out sentence enhancements for drug dealers or domestic terrorists who were also potheads, due to the strong presence of cannabis use among the counter-culturalists who populated the far left during this time period. If we’re going back to original intent, this provision was not crafted with now-legal medical marijuana users in mind. This is an important point to raise because of the mental health issues alluded to above – this law was not designed for such problems.
As such, there isn’t really an enforcement apparatus set up for this specific law, nor can federal authorities realistically enforce it on a mass scale. There are likely tens, if not hundreds, of thousands of medical marijuana users in the United States who also own otherwise legal firearms. There is also the spectre of people who are involved in the legal marijuana trade who have absolutely nothing to do with cultivation or sale, such as security guards, who often carry firearms and are technically in violation of this law. For the feds to begin targeting such otherwise law-abiding citizens would mean either a massive crackdown on a significant part of the population or using a few high-profile cases to set an example for everyone else.
If this law were enforced in any systematic manner, medical marijuana dispensaries would have no means of defending themselves from criminals, because their security guards couldn’t be armed with anything currently classed as a firearm. This – and the generous tax revenues that flow from it – is primarily why state governments have chosen to look the other way on enforcing or helping to enforce this aspect of federal law. Not only are there tons of people violating it, but consistent and rigorous enforcement would lead to a significant drop in state tax revenues collected, which would, in turn, lead to significant cuts in social services offered by state governments.
Because the IRS doesn’t allow any deductions, they’re making a killing off of marijuana taxation – about 40 percent.

Is it Constitutional to Prohibit Medical Marijuana Users From Possessing Firearms?

There is also a solid basis for the law prohibiting medical marijuana users from owning firearms being unconstitutional. First there is the question as to whether or not any restrictions on firearms ownership actually pass constitutional muster. But beyond this, the law has been challenged by those who are not the Second Amendment ideological purists that we are.
A Philadelphia-based doctor named Matthew Roman filed suit after a licensed firearms dealership didn’t allow him to purchase a firearm after he answered this notorious question honestly. His argument isn’t based on the Second Amendment at all (and it’s a good thing, because the courts generally do not agree with our “no exceptions” view of the Second Amendment). Rather, he appealed to the Fifth Amendment, which protects Americans from self-incrimination, in addition to the Second Amendment, which doubtless all our readers know by heart.
Indeed, the question specifies that the person has used medical marijuana “unlawfully,” which is a dubious question – does the federal government have jurisdiction over the states in this regard? There are certainly arguments in either direction, but this is not entirely settled law. At the very least, the Trump Administration seems to have declared a truce on this matter, looking the other way with regard to the increasing legalization of marijuana, both medical and recreational, throughout the country, ending the Catch-22 harassment of the Obama Administration, which targeted otherwise legal – and tax-paying – medical marijuana facilities on the grounds that they were paying tax on illegal income.
Seriously, that happened.
Of course, no one wants to be a Constitutional test case, especially when they’re looking at 15 years in prison if they lose the gambit. But it is worth noting all of these issues with even having such a law on the books and deploying it in a manner that forces people to incriminate themselves.
In April 2019, Republican Congressman Alex Mooney of West Virginia introduced legislation to bring into alignment federal gun laws and the increasing legalization of medical marijuana at the state level. This bill only recognized medical marijuana use and would do nothing for the millions of Americans currently living in states where recreational marijuana is not just legal, but a booming business. Republican Congressman Thomas Massie of Kentucky proposed a similar law, but this legislation would have covered recreational cannabis as well as medical.

How Will This Impact My Right to Concealed Carry?

For those who like to carry concealed, the challenge is twofold: Not only must they potentially give up their guns, they must also give up the practice of carrying concealed when in public.
There was an effort in 2019 to extend the right to carry concealed firearms to medical marijuana patients in Colorado, but it was ultimately unsuccessful. And, indeed, in our research we were not able to find a single state that took the additional step of not just allowing medical marijuana users to own firearms under state law, but also allowing them to carry concealed without molestation.
This is all, of course, a bit of a moot point anyway for those looking to stay within the good graces of the law. Because what good is the right to carry a concealed firearm if you don’t have the right to own a firearm?

The Federal Government Must Address This Disparity

Protection or Pain Treatment: Choosing Between Your Gun and Medical MarijuanaFederal legislation is needed in this regard, because the state laws protecting the right of otherwise law-abiding medical marijuana users to own firearms mean nothing. The state law isn’t what is at issue here. It is the federal law that requires change. Either that, or the federal government needs to begin rigorously enforcing its laws regarding marijuana – but there is simply no political appetite for this. Particularly with an opioid epidemic ravaging the country, marijuana cultivation is pumping badly needed money into economies ravaged by deindustrialization. What’s more, there is some evidence – though it is far from conclusive – that medical marijuana might be an important and useful tool in the fight against opioid abuse.
There is also the question of the unintended consequences of this law, which are twofold: First, there is the very real possibility that otherwise law-abiding gun owners will turn to the black or grey market to purchase their firearms out of paranoia that the federal government will target them if they wish to obtain one legally. This might sound far-fetched, but after the hysteria surrounding the Chinese Coronavirus and the civil unrest of the summer of 2020, there is no reason to believe that every otherwise law-abiding citizen will just forfeit their right to self defense because the federal government has forced them to choose between that and pain management or epilepsy.
The flip side of this is all the law-abiding citizens who choose their doctor-recommended treatment of medical marijuana over the right to keep and bear arms. This scenario is much more likely than the previous one, and it’s not a neutral position. People choosing to exercise their Second Amendment rights is a net social positive in addition to simply being a Constitutionally enumerated right. Stripping otherwise law-abiding citizens of their right to keep and bear arms will, conversely, have a net social negative effect in addition to simply being a violation of their rights.
State sovereignty issues likewise enter into the equation. While a certain degree of federal supremacy is a moot point after the American Civil War (to say nothing of the expansive view of the interstate commerce clause), it does seem like a massive amount of federal overreach allowing the feds to effectively strip Second Amendment rights from a group of people who are not breaking any laws in their state. This is particularly egregious because the federal government seems to largely have given up trying to get these states to comply with the federal law that, at least in theory, supersedes it.
Otherwise legal gun owners are thus thrust into making a difficult decision between their rights and the law – a decision that is made particularly cruel thanks to the federal abdication of enforcement.
So which legal decision should you make? That’s not a question we can answer for you. It’s one that only you can answer for yourself after careful consultation with your physician, as well as weighing your options with regards to the potential for a self-defense situation were one to arise. Indeed, because it is disproportionately seniors and the ill who are using medical marijuana, this makes the decision an especially cruel and tragic one. However, until federal law catches up with the medical marijuana laws of your state, it is an unfortunate choice that you must make if you don’t want to end up on the wrong side of the law, facing 15 years in prison.

Sam Jacobs

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Sam Jacobs

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About the Author: NC Scout

NC Scout is the nom de guerre of a former Infantry Scout and Sergeant in one of the Army’s best Reconnaissance Units. He has combat tours in both Iraq and Afghanistan. He teaches a series of courses focusing on small unit skills rarely if ever taught anywhere else in the prepping and survival field, including his RTO Course which focuses on small unit communications. In his free time he is an avid hunter, bushcrafter, writer, long range shooter, prepper, amateur radio operator and Libertarian activist. He can be contacted at [email protected] or via his blog at brushbeater.wordpress.com .

17 Comments

  1. Anonymous February 13, 2021 at 08:51

    5

  2. James February 13, 2021 at 09:11

    I have seen no mention in the bill of rights any restrictions to the 2nd,none,but that’s a whole nother article.
    That being said,if you have a medical condition that would benefit from marijuana or it’s oils ect. just have a non gun owner friend purchase for you.I will say in states were legalized would be a very easy thing and those states not still networks to get medical marijuana,this was true even before the laws in states changed,a huge network of folks dedicated to helping those who benefit from usage in a medical setting.I knew in the past many who did this without making monies,did it because was the right thing to do helping fellow citizens.I had friends who grew not for sale but to give to others in need at great risk to themselves financially and freedom from a jail cell,the law the same whether you give it away or sell in the feds eyes,these folks were patriots in y and many others eyes.
    Tis crazy that a plant that can help many is so big a deal in some eyes,guess it takes away from the pharm industry cartels and provides stolen funds for the law/court/jail cartels.
    On a side note,while have no problem with folks using marijuana recreationaly as long as not endangering others(same with alcohol)I do not use the plant for any reasons though am interested in the research into using hmpp as a battery material,that would be great if it can work as less demand for precious earths for batteries and renewable.
    You need marijuana for medical relief/care/treatment just do it,f$#k the gov, just keep your head low/tracks covered and hope all who do need it long term deal with medical issue to a point were they no longer need it.
    On a side note here is a little irony.The state of Oregon legalized the possession of two grams or less of cocaine(guess two and half grams or more dangerous)but outlawed plastic straws,must be frustrating!

  3. Johnny Paratrooper February 13, 2021 at 09:27

    Interestingly enough, in some states you can have half an ounce on you. Totally legal.
    I can drive around in my state with half an ounce of Marijuana and a loaded AK.
    I just can’t smoke it till I get home.
    And people say this country is only moving towards tyranny… Wrong…
    Don’t crack a cold one though; Road Soda is still banned.

    • James February 13, 2021 at 10:16

      “Road soda still banned”
      I assume you can have beer in vehicle,just not be drinking it,just like not lighting up a joint.
      I guess anything over a half ounce is some hidden danger,kinda like having to wear a mask entering/leaving a restaurant but not at table as mexi beer virus lurks at doors ect.,over a half ounce must have dangers we are just at moment unaware of.

      • Johnny Paratrooper February 13, 2021 at 16:26

        I think the intention is to cut down on the out of state drug runners who hurt the local legal market.
        The same laws exist as cigarettes, liquor, beer, or alcohol.
        It’s a serious crime to transport excessive amounts of liquor or tobacco.

        • Chuy velasquez February 13, 2021 at 22:07

          You can get caught for the 5th time, with 1990 lbs, on video, and an auto AK-47 in the truck, and if you are a democrat, and your defense lawyer is a democrat donor, and the judge is a democrat, and the prosecutor is a democrat. The judge won’t allow the 18USC922 charge. The prosecutor will see it as less than a ton. The prosecutor won’t bring up it being your 5th catch. You’ll get probation, or a $5000 bail, and you can return to Mexico, untouched. So the laws only apply if you are on the wrong side, and don’t have the democrat map through the hurdles.

  4. Juri February 13, 2021 at 14:56

    Serious guys do not waste their time for nothing. So when Mr. Soros and Global Elite fighting for pot legalization you may sure that this thing makes serious damage for the user.

    • James February 13, 2021 at 17:36

      Juri,lets just say I am a bit acquainted with the benefits of medical marijuana and it’s derivatives.While I personally did not participate in the local medical end as would be a felony know many who would deliver different lets just say products to those in need.The look of happiness on a old persons face dealing with cancer and chemo when delivered said marijuana to ease the chemo affects or the look of happiness on a parents face when delivered cannabis oil for their young sons epileptic seizures(oil changed from once a day seizures to once a month at worst!)made the idea of jail a no issue and again,folks in this group did not make a penny and actually the drivers spent their own monies on gas ect.
      Fantastic,for once soros and his ilk got it right(probably only time) and am glad the medical end can now be in the open and legal along with once again growing of hemp for rope/clothing and as mentioned the research on a form of battery possibly in future.
      I have a feeling when medical underground at work many leo’s at different levels had a inkling and either agreed with these folks and/or knew the horrible public optics ending a source of aid to those sick and in need.

  5. bluecat57 February 13, 2021 at 15:53

    Someone may have already written an article or book about this:
    I do not currently own a gun. I am finally ready to start buying SHTF stuff.
    I’m trying to decide between the following since I don’t have the immediate budget for a gun ($500 or so plus ammo and training) nor the time to learn to use it properly.
    I should be able to spend about $120 a week on something.
    Should I:
    a. Buy long-term survival food (I try to keep my pantry stocked and some extra bottled water)
    or
    b. Silver bullion coins or silver coins (I don’t have the budget for gold coins and 1/10th oz. ones have a disproportionately high commission)
    or
    c. Ammo (please suggest a caliber) (I’m thinking at currently just under $1 a round to buy, when the SHTF they would be easier to barter with than coins)
    or
    d. Something else.
    Any thoughts are welcome and links to articles would be great too.

    • NC Scout February 13, 2021 at 15:58

      You can get food with ammo. You can’t eat silver (and its hideously overpriced, as is gold).
      Survival food is divided into a couple of categories: long term storage and longer-than-fresh. I buy both freeze-dried for long term storage and pallets of canned food (which is WAY cheaper) to supplement my beans and rice storage.
      But ammo, and in particular, 7.62×39, is a great jack of all trades.

      • James February 13, 2021 at 17:20

        Bluecat,welcome to prepping.While a firearm perhaps out of reach at moment perhaps a compound bow/crossbow,a tiny bit of defense and can hunt with said items.The region you in would a fishing rod make sense,fish a real nicesource of food in everyday and trying times if available.
        I agree completely with NC,remember,even if you are short bucks week to week just buying some dried beans/rice/a few cans every week adds up quickly,just remember to rotate stock and use old stuff as your cache grows while when able getting super long term and longer term in bulk when you can.
        I would also say make sure you have at least some basic first aid stuff,bandages/wound pads/antibiotic creams ect. as would be a shame to die from a basic tiny infected cut,no need.You can add to this med supply as your budget allows and skills/knowledge grow.
        Do you have any family/friends you have known a long time and truly trust,working with others will help all survive a man made/natural disaster if a trustworthy group..
        I have seen mentioned here and elsewhere a good bicycle(hybrid for me) is great to have in that no need for gas/travel quietly and a great way to know your area including entrances/exits/local water supply if available(have a way to treat water) and just a bit of exercise.
        I would say a quality air rifle also nice to have for hunting small game ect. and will build some basic shooting skills.
        I could go on and on even longer but learn what you can/research/keep asking questions ect.
        I would say congratulations,you have crossed the mental divide and realize things can go very wrong very quickly for whatever reason,being prepared will help you survive this and gives one a bit of piece of mind.I look at it like spare tires(full size/no donuts),great to have and hope you never need them.
        So,keep firing away with questions and learning.

      • Frank D'Amico February 13, 2021 at 22:00

        Or, tell him to save up for a month, or two, and buy a weapon he can bet his life on! I saved for 6 months for my first deer rifle! (1972) America needs to reinsert the “plan for it” step in everything they do. I want it. I need it. I plan how to purchase it. I purchase it. Too many times I have heard someone say… I want it now! But I don’t want to break the bank.

        • NC Scout February 13, 2021 at 22:01

          I’m assuming if he’s buying ammo he has a weapon.

    • Johnny Paratrooper February 13, 2021 at 17:35

      Hey brother, there are some surplus guns that are seriously dangerous. Are they bolt action? Yes. NBD, just change tactics to compensate for the lack of firepower. That simple.
      Some of them are junk in the $200 range, but $500 is a good gun.
      Look up my article “Getting the most out of your surplus rifle” in our search bar.

    • Irish-7 February 15, 2021 at 10:52

      I generally recommend that new “Preppers” start with having the supplies and food to last 72 hours, then a week, then a month. With respect to firearms, I tell folks to build an arsenal in the following order: 1) Shotgun, .12 or .20 Gauge, the highest you can fire effectively. 2) .22 Long Rifle, Ruger 10-22 or Marlin 60. 3) Handgun, .45 ACP urban, .357 MAG rural. 4) Modern Sporting Rifle, M4, AR15, Ruger Mini-14, AK47. 5) Bolt or lever action hunting rifle, .308, 30-06 or 30-30. You don’t need to get them all at once!

    • E M Johnson February 18, 2021 at 07:22

      Check out a hipoint pistol. Don’t listen to the BS from gun snobs. Just get the 9mm. Its not pretty but for a basic pistol it will work. Ballpark of $200 then get at least 2-3 spare magazines.

  6. E M Johnson February 18, 2021 at 07:30

    Good article. I’ve been telling people this same thing for years. Yes it would be wonderful to use something for pain not made in a chemical factory. But you can’t give the fucks any excuse to “legally” take your shit and lock you up. The domestic T narrative puts a whole new spin on this subject

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