WPBN: Although the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and other groups, such as the United States Conceal Carry Association, have issued a warning that under federal law, users will be forced to choose between the possession of firearms and the use of marijuana for medical purposes, the state of Kentucky has just made medical marijuana legal.
According to the Conceal Carry Association, federal law forbids anyone who use medical marijuana from carrying or purchasing weapons and ammunition.
This is the case even if the respective state law permits the use of the medication. One person cannot hold both licenses at the same time. Any person who uses marijuana is considered to be an illegal user of a controlled substance according to federal law.
This regulation has been maintained by the 9th Circuit Court of Appeals, which is located in San Francisco.
Under federal law, marijuana in any form is prohibited from being used. Marijuana users are considered to be forbidden individuals. Filling out Form 4473, which is used for the purchase of firearms, and checking the box that says “no” on question 11(e) would constitute a lie if you use marijuana, which is a violation of federal law.
That question reads, “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.”
Both the Federal Gun Control Act of 1968 and the Federal Omnibus Consolidated Appropriations Act of 1997 are the laws that govern the laws pertaining to the possession of firearms and the usage of marijuana.
According to the Reason Foundation, even if the federal Drug Enforcement Administration (DEA) shifts marijuana from Schedule I to Schedule III in the Controlled Substances Act, as it appears to be poised to do, any user who does not have a valid prescription could be considered a “unlawful” user according to the standards of the federal government.
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Due to the fact that prescriptions are also subject to federal regulation, even patients who are registered with the state for medicinal marijuana may not be clear.
In a letter that was sent to federal weapons licensees in 2011, and which is still in effect today, gun dealers are informed that they are not permitted to sell firearms or ammunition to individuals who have admitted to using marijuana on Form 4473.
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In the beginning of this year, politicians from Kentucky sponsored Senate Concurrent Resolution 44, which petitioned the United States Congress to “repeal federal restrictions that prohibit the possession and use of firearms by individuals who use marijuana in compliance with state or tribal laws.” In spite of this, the law in question was never put into action during the session of 2024.
In the event that you have any inquiries regarding your eligibility, the Concealed Carry Association recommends that you seek the advice of a legal professional.
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