Marijuana became legal in the state of Montana just a few weeks ago on New Year’s Day. NY State Gun owners beware! Marijuana legalization will lead to loss of firearms.
For a lot of people, that’s big. However, it’s not all it’s cracked up to be (pun intended). After all, while you can lawfully use pot, you have to give up a little something to do so.
Namely, your ability to lawfully own firearms.
A key federal agency has confirmed a fact underreported in coverage of the state’s new marijuana program: It remains illegal under federal law for individuals to simultaneously possess marijuana or marijuana products and firearms. Penalties for violating that law are severe.
The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives confirmed the policy to Montana Free Press last week, noting that the federal Gun Control Act prohibits a person who possesses a controlled substance from possessing a firearm or ammunition. Cannabis is currently recognized as a Schedule 1 Controlled Substance.
“The Gun Control Act of 1968 (GCA) prohibits a person who uses a controlled substance from possessing a firearm or ammunition,” ATF Public [sic]. GCA repealed the Federal Firearms Act of 1938, though many of its provisions were reenacted as part of the GCA, which revised the FFA and its predecessor, the National Firearms Act of 1934.
It should be noted that the Drug Enforcement Agency is responsible for determining which drugs go into which schedule. Since marijuana has been legalized to some degree in so many places, it would make sense to at least change pot to a schedule 2 controlled substance.
Not that it will help. You see, more properly, what the ATF should have noted is that unlawful users of controlled substances aren’t able to possess firearms. Because of federal law, marijuana use of any kind is considered unlawful, even with a prescription.
So even if pot was downgraded to a schedule 2, it would still mean that recreational use would bar someone from lawfully owning guns.
What’s clearly needed here is something that we’re not likely to see. What we need is for federal law to step in and mandate that so long as a drug is legal in that state, one doesn’t lose their Second Amendment rights for using it. All the more reason for flipping the Senate in November 2022. Elections do have a consequence.
