Recoil - - Guns, Weed, And State’s Rights -

Un­der the Obama ad­min­is­tra­tion, the DEA re­fused to reschedule mar­i­juana, which would have al­le­vi­ated this is­sue. The Bureau of Al­co­hol, To­bacco, Firearms and Ex­plo­sives has taken the po­si­tion that any­one who has a med­i­cal mar­i­juana card, re­gard­less of whether there's an in­di­ca­tion they ac­tu­ally uti­lize it, falls un­der the pro­hi­bi­tion found un­der 18 U.S.C. § 922(g)(3). The agency even re­vised the ATF Firearm Trans­fer Form 4473 to add the fol­low­ing lan­guage, “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 the de­bate re­gard­ing mar­i­juana is far from set­tled, there’s a clear trend emerg­ing. Many states and peo­ple be­lieve mar­i­juana of­fers a valid medic­i­nal use, as ev­i­denced by the le­gal­iza­tion of the plant in a num­ber of ju­ris­dic­tions. While there are gun own­ers who be­lieve mar­i­juana is the “devil’s let­tuce,” it’s im­por­tant to con­sider the im­pli­ca­tions of adopt­ing such a po­si­tion — fel­low cit­i­zens are de­nied the abil­ity to ex­er­cise an enu­mer­ated con­sti­tu­tional right based on, in many cases, the use of a plant for medic­i­nal pur­poses. Yet, opi­oids and their de­riv­a­tives, which are ar­guably more dan­ger­ous, bring about no such im­pli­ca­tions for one’s con­sti­tu­tional rights.

Mar­i­juana may not be every­one’s cup of tea. How­ever, it’s in­cum­bent upon us all to take note of the bat­tle of states’ rights when it comes to cannabis. It can be dis­tilled down to a sim­ple phrase found in a lesser-quoted amend­ment. “The pow­ers not del­e­gated to the United States by the Con­sti­tu­tion, nor pro­hib­ited by it to the States, are re­served to the States re­spec­tively, or to the peo­ple.” United States Con­sti­tu­tion, Amend­ment X.

Pa­trick Henry said it best,


Put that in your pipe and smoke it.

Way more states dis­re­gard fed­eral law than you may have

thought. Recre­ational Use Med­i­cal Use

Il­le­gal for Any Use, but De­crim­i­nal­ized Il­le­gal for Any Use

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