Medical Marijuana users in NH lose 2nd Amendment Rights

Medical marijuana 2nd Amendment
Photo by Kimberly Morin

By Kimberly Morin

On Thursday the Drug Enforcement Administration (DEA) announced that it will not consider marijuana to be used for medicinal purposes at the federal level. Although there have been numerous studies that show marijuana to be helpful for certain medical diseases and issues, the Food and Drug Administration has not agreed with these studies and therefore will not approve marijuana for medical treatment. Medical marijuana is still illegal at the federal level. The DEA did agree to increase facilities that are growing marijuana for research but this does nothing to change current law.

New Hampshire passed a state law legalizing marijuana to be used for medical purposes in 2013. Up until last year there were now approved dispensaries and no medical marijuana cards were actually distributed. It took a lawsuit won by a woman dying of cancer for the attorney general to finally advise the state to start providing medical marijuana cards to patients.

Federal firearms laws and marijuana

Unfortunately, proponents of medical marijuana didn’t truly think about the federal laws that would potentially clash with the state law. Marijuana is still illegal under federal law. This effects people adversely when it comes to the 2nd Amendment. According to federal law, it is illegal for a person who is a user of or addicted to an illegal substance to purchase or possess a firearm. From the ATF:

The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:

who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);

From 21 U.S.C. 802:

(16) The term “marihuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

The ATF sent a letter to federally licensed firearms dealers back in 2011 to clarify the laws:

Therefore, any person who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana for medicinal purposes, is an unlawful user or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition.

open-letter-to-all-ffls-marijuana-for-medicinal-purposes

 

The ATF is also working on updating form 4473, the form all persons must fill out in order to purchase a firearm from a federally licensed firearms dealer, to include medical marijuana as part of several questions asked on the form.  If a potential buyer answers yes to the question, they will be denied the ability to purchase a firearm. If they are a medical marijuana card holder and lie about it on the form, which is then discovered by the authorities, they can then be charged with perjury. Question 11.e will now specifically call out medical marijuana:

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.

How exactly will law enforcement even know someone may have a medical marijuana card or actually use a New Hampshire legally sanctioned prescription for marijuana? The drug database.

New Hampshire’s Drug Database

New Hampshire’s drug database program that was passed by the legislature along with Governor Maggie Hassan back in 2012. Cannabis products are indeed a part of the drug database program and both prescribers and dispensers of these products will have to report anyone who is a recipient of these controlled substances into the drug database.

Unfortunately for holders of medical marijuana cards, law enforcement also has the authority to review the drug database all in the name of the failed “war on drugs” in the Granite State. It’s not clear if law enforcement will use the database in this manner but that could easily change dependent upon who is in charge of the legislature and the state. Right now there is nothing saying law enforcement can’t use the database to also follow up with medical marijuana users who are also gun owners.

Of course, the state isn’t supposed to keep a database of gun owners but it’s becoming more clear that individual cities and towns are actually keeping databases of pistol/revolver license (PRL) holders. This is based on reports that somehow police know Granite Staters are PRL holders during routine traffic stops or emergency calls to homes. There is no way this is possible unless there is an illegal database being kept that flags pistol/revolver licensees in the state.

The ATF also admitted, after an investigation, that they are keeping an illegal database of all gun owners who purchased more than one firearm at the same time among others. This was a report by the Government Accountability office. From RedState:

Multiple Sales (MS) is supposed to delete information about multiple guns purchased in one go after two years if no illegal acts were committed with them. The audit found that the ATF had stored over 10,000 names of purchasers despite having reached the two year time limit.

Why didn’t medical marijuana proponents alert supporters?

During all of the fights for legalizing medical marijuana and legalizing marijuana in general, not once has any proponent brought up this huge legal issue about gun ownership. As a matter of fact, many act surprised that this is an issue. Apparently making new laws doesn’t prompt lawmakers to bother looking at the bigger picture or current laws that exist.

Those who are potential holders of medical marijuana cards will have to make a choice – help themselves physically by using marijuana or help themselves physically when it comes to protecting themselves and their families. Unfortunately, there is no in between. Most are also completely unaware they lose their rights.

This is seemingly another effort by the government to ban and disarm a particular segment of society from owning firearms. Sadly, the proponents of the laws didn’t see this through. While this may not affect a lot of people on it’s face, the fact that any Granite Stater is denied their 2nd Amendment right simply because they finally found a drug capable of helping their illness is egregious.

 

UPDATE: According to Matt Simon of The Marijuana Policy Project, medical marijuana is not currently part of the drug monitoring program. However, it is not explicitly stated in the medical marijuana legislation that it cannot be added as a ‘controlled substance.’  Laws, as highlighted above, indeed consider medical marijuana a controlled substance and a board revises the rules around the drug monitoring program. Political Buzz will continue to follow any changes in the rules by DHHS.

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Why change it if it works?????????????~5|frombama^There’s nothing wrong with it&#44 but it’s a plain undershirt. Still not bad for the money&#44 but after reading the ad copy I believed I was getting a heavier type of fabric that is suitable for wear with jeans&#44 etc.If someone had a chiseled physique that made it impossible to look bad in any shirt in the universe&#44 this shirt would be fine for wear on it’s own.I’m not built bad at all&#44 but it’s an undershirt and it looked like one the minute I tried it on.Actually&#44 I own black v neck undershirts made by Calvin Klein that are a heavier gauge cotton&#44 but they also cost around $10 each&#44 where this one was under $8.00.~4|Ji-10^I am 5’11” athletic guy weighing around 175-180lbs. I usually wear slim fit shot sleeve v-neck tees in Large size from J.Crew but problem with them is they are too expensive. $15 per tee after 40% discount at the factory outlet. So when I saw these Ts&#44 I decided to give it a try as it uses that same 60/40 polycotton material.The quality and fitting around the shoulders is quite the same a JCrew but this T is way way way too long. Like 2-3″ longer than my other JCrew Ts. In the pic&#44 Navy blue is Medium size Next Level T whereas the other one is JCrew large T. I wonder how much extra long the Large T would be. This T wrinkles around my waist way too much.~3|August Chianese^I’ve purchased this shirt in almost every color offered (sometimes 2-3 of the same one). I really hate the heat&#44 and even in the winter I’m trying to wear as little clothing as possible to stay cool.These t-shirts have become a staple for me. They’re great for any casual setting&#44 very lightweight&#44 and they hold up remarkably well after several washes. No color fading&#44 no rips or tears in any of mine yet (I must own around ~20 by now). I only buy a few duplicates of my favorites because I’m liable to get oil stains on any and all pieces of clothing I own for some reason.Anyway&#44 highly recommend these – they fit great around the arms&#44 the V isn’t too deep&#44 and they aren’t overly long (I’m 5’7″ and they taper off perfectly around pockets on most of my pants). They also fit a bit snugly toward the bottom – doesn’t look like a loose tshirt hanging all over the place.Size wise they’re what you’d expect. I’m typically a medium (5’7″&#44 small frame&#44 155lb) and these fit great in medium. Large would definitely be too loose on me whereas medium is form-fitting.~5|K. Dubovik^I am woman&#44 5’7″&#44 132lbs&#44 and typically wear S or XS womens shirts and S or M juniors shirts.I wear a lot of unisex shirts and always purchase smalls (not that they make many XS).I was struggling to find some fitted plain shirts for layering this time of year and was about fed up with my search attempts.I am NOT a fan of women’s V-neck shirts and was explaining that to someone when I mentioned this one shirt I had that was a V-neck and wasn’t too low.I received this particular shirt as a give-away from a trade show.I looked at the tag and it mentioned that it was by Next Level Apparel so I went searching.I quickly found their website and this particular style since it was the only unisex/men’s vneck available but clearly this company only sold these shirts for mass printing for these types of things so back I went to google with the style number this time.They came up immediately on amazon and I was very happy to see they even had XS options!I purchased 1 of the 4 shirts I bought in a S and the other 3 in XS and XS is perfect for the size.The S is fine too&#44 it’s just a slightly looser fit.I have had my original shirt for months and it fits the same as the first day I got it and it’s still just as softSeriously. Soft. So soft!They are NOT super thin&#44 they they some thickness to them&#44 but not in a THICK tshirt kind of way.It’s hard to explain&#44 just know that if you’re a woman looking&#44 you shouldn’t be worried about your bra showing through.These are 100% my go-to plain tshirt from now on and I can’t wait to try some other styles eventually.I purchased 4 of these shirts so I’m just copy/pasting the same review for all of them.~5|RNAZ^Took forever to find a t-shirt that replaced the older styled Mossimo t-shirts I used to buy from Target.Fit is athletic but not a muscle shirt. It is however&#44 tighter than the crew collar t-shirts. If you have a bit of a belly&#44 these v necks will show it off proud.The navy color was dark and rich. Overall&#44 very happy with the style&#44 fit and durability after dozens of washes.~5|Dr. Leo^Although this shirt has an excellent fit and material for the price&#44 BEWARE GETTING IN BLACK. I like my black t-shirts to be a deep black and fade with time&#44 but these shirts were brand new and had a color fade that one would get after washing them for a couple of months. If you like that onyx/jet black then this shirt is for you&#44 if you are looking for a true black&#44 do not buy.~4|TennisDoc^These shirts are amazing! First off&#44 they fit well&#44 and cover everything. I’m a 6’4″ guy and about 200 lbs. They are incredibly soft&#44 very durable in the wash. I don’t get hot and sweaty in them as much as other T-shirts. I wear these under my hospital scrub tops since the hospital is cold&#44 but when I have to work hard with overweight patients these keeps me from melting to death. I love wearing them for casual clothing as well&#44 and so I’ve decided to order much more from the next level brand. They are a hidden gem&#44 and very inexpensive for such a product&#44 I think.~5|

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