Posted on 01/04/2018 5:13:43 AM PST by rktman
It’s a new year and medical marijuana is finding its way into the Keystone State. That’s not particularly remarkable since it’s a trend which has taken root in plenty of states around the nation. But Pennsylvania gun owners are now facing the same conundrum threatening to plague their fellow Second Amendment enthusiasts in other states where either medical or recreational pot has been legalized. The Pennsylvania State Police are telling everyone with both a firearm and a medical marijuana card to prepare to find a way to “dispose” of their guns. (CBS Pittsburgh)
(Excerpt) Read more at hotair.com ...
Marijuana is a Class I substance.
https://www.dea.gov/druginfo/ds.shtml
It’s use and possession is not lawful per the fed.
https://www.npr.org/2016/08/10/489509471/dea-rejects-attempt-to-loosen-federal-restrictions-on-marijuana
The 4473 form already warns you about MJ anyway.
In the interest of full disclosure, I have a mad-on for weed, legal and otherwise. So pot would never be an issue for me. I have no problem with alcohol consumers owning firearms. If they use them while impaired, that’s another subject. Ditto for any other legal drug. Denying someone the right to bear arms minus criminal conviction or a mental health finding, however, shouldn’t and hopefully won’t pass constitutional muster.
It’s right there on the 4473. The Illinois State Police started yanking FOID and CCLs in Illinois last year from anyone with a Medical MJ card.
You can have legal guns or medicinal pot. But you can’t have both.
L
No, since drinking does not necessarily mean impairment ...
Yeah, don’t move to PA. Harrisburg passed a law that all cities must comply to state gun laws. Then Harrisburg wrote a letter that they, Philly and Pitt are exempt.
PA wasn’t part of the NE liberal machine until about 15 years ago. Since then it’s happily joining New Jersey.
The problem is Jersey. Every state that borders it is simply horrible.
Oh that will work!
When camping!
I would guess (never considered trying and don't live in those areas, but . . .) that legal recreational users don't leave their names and addresses when they make a purchase. I am skeptical of "medical" marijuana. A few cases are real (and I don't need to hear the example of your cousin with glaucoma or your mother on chemo, I know those exist), but most are recreational users who found a marginal doctor who will sign anything for money.
In any case, there are very few situations in which I believe our God-given and constitutionally-protected right to keep and bear arms should be infringed. Marijuana use is not one of those situations.
Stop.
You had me at “I have a mad-on for weed”.
The problem is that most of us see the firearms right as a federal one, and marijuana is illegal under federal law.
Most of us believe that state laws should not be able to pre-empt our federal firearms rights under the constitution.
Alcohol possession is not illegal under federal law, and neither are prescription meds.
Marijuana possession is illegal under federal law even if your state has allowed you a prescription for it.
It is sort of like being a bit two faced.
People want the state law to pre-empt federal law about marijuana, but don’t want the state law to pre-empt federal law about gun rights.
Not sure how to resolve it as I don’t want marijuana legalized nationally.
Soviet snipers actually used vodka to stop their hands shaking.
Ah the PSP... maintainers of an illegal gun registry...
I think other states have already had incidents of ‘pirate growers.’
In true Untouchables style, the state jackboots have shown up to destroy the pirate pot gardens.
You are exactly correct that customers do not leave their name and address - because it is federally illegal, these businesses cannot get a bank account, thus cannot accept credit cards or checks. They are cash-only. (They’d have to even pay their employees in cash!).
Also, it is my understanding that the medical pot and recreational pot are two completely different animals. They have different designs - recreational will provide a much bigger high.
You mean like free enterprise in the production of legal commodities.
“People want the state law to pre-empt federal law about marijuana, but don’t want the state law to pre-empt federal law about gun rights.
Not sure how to resolve it as I don’t want marijuana legalized nationally.”
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You could look to the Constitution to resolve this dilemma. If you did, then you would see there is no conflict.
The Tenth Amendment says that if a power is not delegated to the United States, nor forbidden by the Constitution, then that power goes to the states. Fedgov is delegated no power to control intrastate mj. The Second and Fourteenth forbid both the states and fedgov from infringing on the RKBA.
“Hey, watch this... Hold ma beeeer”
Looking to the Constitution should work, but it clearly doesn’t.
If it did, a lot of these “dilemmas” would never have existed in the first place.
While blood alcohol levels can be shown to correlate with degree of impairment, THC levels don't. That's problematic with respect to DUI prosecutions.
I have much less concern about marijuana users and firearms than I have about marijuana users and motor vehicles.
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