Americans love their guns, and cannabis is growing in acceptance in the US. So, are medical marijuana ID card holders allowed to carry a firearm?
This is a bit of a gray area… in order to be able to carry a firearm, you can’t be addicted to any controlled substances. Does that include medical marijuana patients? Does holding a medical marijuana ID card mean that you are addicted to marijuana?
The answer, of course, is no. Just because you need cannabis for medical purposes doesn’t mean that you are addicted to cannabis. In fact, just cause you consume cannabis recreationally doesn’t mean that you are addicted to cannabis.
However, on Wednesday, a federal appeals court ruled that a federal ban on the sale of guns to medical marijuana card holders does not violate the Second Amendment.
The ruling is the result of a lawsuit filed by S. Rowan Wilson. She is a Nevada woman who tried to buy a firearm for self defense in 2011, after obtaining a medical marijuana ID card, and was refuse. The gun store claimed that they couldn’t sell her the gun due to a federal rule banning the sale of firearms to illegal drug users. The ruling was under the 9th Circuit Court of Appeals, the ruling of which is being appealed, and applies to the nine Western states that fall under the court’s jurisdiction. Which includes California, Washington, and Oregon.
Wilson claims that she doesn’t even consume cannabis and only obtained the Medical Card because she supports marijuana legalization.
The 9th Circuit, in a 3-0 decision, said it was reasonable to assume that medical card holders use cannabis and to not sell them firearms. They also said Congress had reasonably concluded that marijuana and other drug use “raises the risk of irrational or unpredictable behavior with which gun use should not be associated.”
This is a classic example of the federal government withholding rights from cannabis users.