States all over the country have legalized medical marijuana. But purchasing and in some states, using firearms or hunting, is illegal if you are a lawful medical marijuana user.
According to KSTP, a state legislator in Minnesota is looking to change that.
State Representative Rod Hamilton, R-Mountain Lake, is proposing a bill that would change state law in Minnesota to classify marijuana as a Schedule II drug instead of a schedule I drug as it currently is. Other drugs that are Schedule I include LSD and heroin. Meth and cocaine are Schedule II drugs because they are considered to have legitimate medical uses, according to the DEA.
Hamilton suffers from multiple sclerosis and is a registered medical marijuana user in Minnesota.
“The bill I am proposing would make medical cannabis a Schedule 2 drug — legal with a prescription but yet allowing you to renew your permit to carry and hunt with a firearm if you so choose,” Hamilton said.
Anyone who is buying buy a firearm always has to answer a question about this very topic. On ATF Form 4473, the form that must be filled out when purchasing, question 21e asks:
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.
While states have passed all these laws around legalizing marijuana, federal law still makes medical and recreational marijuana as illegal as it ever has been. It’s just not being enforced. And currently, the laws of the state would be invalid if the federal government, the Drug Enforcement Agency, in particular, chose to start enforcing it.
In case you are wondering, the federal wins out in a battle with state laws. In Article IV, Clause 2 of the U.S. Constitution:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
If the Minnesota bill passes, it still wouldn’t be legal under federal law, but then again neither is any marijuana law, but people are lighting up all over the place. D.C. needs to pass legislation to move marijuana to a schedule II drug and call it a day already.
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