[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Police Departments Asked "Live PD" To Cut Footage That Made Cops Look Bad

The Old America Is Dead. Where Do We Go from Here?

The World Through the Eyes of a Globalist ((Twilight Zone 2020))

Now Even The COMMON COLD Is Being Counted As A Positive COVID-19 Result, CDC Says

Trump: Planned BLM mural in NYC a “symbol of hate” that would “denigrate” Fifth Avenue

The Teenage Girl Gang That Seduced and Killed Nazis

Camera off Mask off (the dickhead)

11 Redacted Seconds of Video of Fatal 2014 Drug Bust Undermine Florida Cops' Official Story

Revival with Miracles Breaks Out in Spot Where George Floyd Died in Police Custody

Tens of thousands of coronavirus tests have been double-counted, officials admit

Rand Paul Slams Fauci For Failed ‘Central Planning’ Approach To Pandemic Response

Car Owners Will be Forced To Breathe Into A Breathalyzer To Start Their Vehicles

Fauci’s Remdesivir Costs $9 Per Dose, Will Be Sold at $3,000 per Treatment — China Company Linked to Soros Will Also Mass Produce the Drug

Golden State Killer: former police officer pleads guilty to string of murders

HospiTal LefT Quadriplegic WiTh COVID-19 ... To Die - Because He Lacked --- “QualiTy of Life”

John Bolton – Traitor to Common Decency

Fox Analyst Apologises For Saying It Takes ‘Courage’ To Stand For National Anthem

Chief Federal Judge in Los Angeles Resigns After Using ‘Racist’ Term “Street Smart”

Couple Points Guns at Defund Police Protesters Outside Home in St Louis

Mask Of The Beast And Deadly Distancing

RETRO=RICKY Plays Amiga games.

SANNITY ... JusT joined --- Parler !

Drugs and Ammo

Rand Paul Tries (Again!) To Make It Harder for Police To Take Your Stuff

“This is Not Seattle – We’re Not Putting Up with This Lawlessness Here” – Oklahoma Judge Charges Protesters with Terrorism, Rioting and Assault

California Legislature Votes To Remove Anti-Discrimination Language From State Constitution

Maria Elvira Salazar on Twitter (Candidate for congress in Florida)

"Not Peace, but a Sword" (Sermon on Matthew 10:34-42)

Abortion is a diabolical weapon of mind control.

Global Goal: Unite for Our Future Concert (NWO propaganda programming)

Masks-for-all for COVID-19 not based on sound data

‘He Should Wear Cuffs’: Netizens React to Dick Cheney’s Advice on Wearing Masks

Journalist Scorches California Officials for Excessive Lockdowns in Epic Speech

Woman Assaulted at BLM Protest For Holding “Police Lives Matter” Sign

Marxists Show Up to Christian Prayer Rally at St. Louis Statue, Demand Removal of Statue of Catholic Saint (VIDEOS)

Simpsonville man sues Greenville County Sheriff’s Office after getting shot by deputy inside own home

Video: Washington Sheriff On Governor’s Mask Law – “Don’t Be A Sheep”

Maskless man faces charge of assaulting a public servant after altercation with judge who wrote mask order

Good source for an "Asp" type collapsible baton?

Tucker Carlson: Trump could well lose the election - he must defend America's institutions

AGW Dating, Part II

List of 269 companies supporting Antifa, Black Lives Matter, the lines have been drawn

The Real Reason for the Face Diaper Mandates

Kansas State Student Flooded With Death Threats Over George Floyd Joke, School Launches Investigation Into HIM

Black Lives Matter Hate Hoaxer Shaun King Not Really Black?

Biden: 120 Million Dead from COVID-19

HBO Bans South Park Episodes That Depict Muhammad (Islamic law guides decision to ban episodes)

Yahoo Pushes For Replacing Star-Spangled Banner With John Lennon’s "Imagine"

Bill Gates slams Trump for blaming other countries like China for coronavirus pandemic - as his wife Melinda says black Americans should get the vaccine first

Damnatio Memoriae, or How to Erase Someone from History

Status: Not Logged In; Sign In

United States News
See other United States News Articles

Title: Although Cannabis Consumers Who Own Firearms Are Federal Felons, Illinois Says They Can Keep Their Guns
Source: Reason
URL Source: https://reason.com/2020/01/02/altho ... says-they-can-keep-their-guns/
Published: Jan 2, 2020
Author: Jacob Sullum
Post Date: 2020-01-02 17:14:28 by Deckard
Keywords: None
Views: 190

The Illinois State Police confirms that people who try newly legal marijuana are not considered "unlawful users" of narcotics.


Customers wait to buy marijuana at Rise, a dispensary in Mundelein, Illinois, on New Year's Day. (Mark Hertzberg/Zuma Press/Newscom)

Cannabis consumers in Illinois, where state-licensed marijuana dispensaries started serving recreational customers yesterday, will pay more in taxes than cannabis consumers in most other states that have legalized pot. But at least they do not have to worry that the state police will be coming for their guns, thanks to protections included in the 2019 law that allows adults 21 or older to purchase and use marijuana.

Federal law prohibits gun possession by any "unlawful user" of a controlled substance, including marijuana. When you buy a firearm from a federally licensed dealer, you have to fill out a form that asks, "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" The question includes a warning that "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."

A cannabis consumer who possesses a gun is committing a federal felony punishable by up to 10 years in prison. A cannabis consumer who answers "no" to the question about illegal drug use while buying a gun is committing another federal felony, punishable by up to five years in prison.

Illinois likewise prohibits anyone who has used an illegal drug during the past year from obtaining a firearm owner's identification (FOID) card, which is required to legally own a gun in that state. But the Illinois Cannabis Regulation and Tax Act, which the state legislature passed last year, says "a person shall not be considered an unlawful user…solely as a result of his or her possession or use of cannabis or cannabis paraphernalia in accordance with this Act." This week the Illinois State Police (ISP), which oversees the FOID program, confirmed in a Facebook post that, notwithstanding news reports to the contrary, it will not revoke cards "based solely on a person's legal use of adult use cannabis."

The ISP added that it "will revoke FOID cards where it is demonstrated that an individual is addicted to or is a habitual user of cannabis" (whatever that means). It also warned that "the use of cannabis is still considered to be illegal by the Federal government," and "the purchase of a firearm from a federally licensed firearms dealer is governed by Federal law." So are the possession of firearms and purchases from private sellers, although the ISP did not mention that.

What about the risk that buying marijuana from a state-licensed retailer will tip off the feds? The Cannabis Regulation and Tax Act says that "any identifying or personal information of a [marijuana] purchaser obtained or received in accordance with this Section shall not be retained, used, shared or disclosed for any purpose except as authorized by this Act." Because of that provision, says Ed Sullivan, a former state legislator who is now a lobbyist for the Illinois State Rifle Association, "no cannabis dispensary can share your personal information, unless you authorize them, [with] anyone or any entity. This includes the Illinois State Police (ISP) and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF)."

Sullivan warns, however, that the federal government may have access to information about Illinois patients who participate in the state's pre-existing medical marijuana program. "While Illinois treats cannabis as a prescribed drug, the Federal Government considers cannabis to be a Schedule I narcotic," he writes. "As such, the Federal Government could gain access to your records as a Medical Cannabis User and therefore jeopardize your right to purchase a firearm from a Federal Firearm License[e]."

Sullivan concludes that buying marijuana from recreational dealers is a safer option for patients concerned about their Second Amendment rights. I'm not sure about that, since the Illinois Compassionate Use of Medical Cannabis Act promises that the list of registered patients will be kept "confidential," to be shared only among the state agencies charged with carrying out the law. That law does require that the state's prescription monitoring program "make a notation" that a patient is authorized to use medical marijuana "for the purposes of patient care," but it also says "this confidential list may not be combined or linked in any manner with any other list or database except as provided in this Section."

While both the Illinois State Police and Sullivan focus on gun purchases from federally licensed dealers, the federal law banning firearm possession by cannabis consumers also applies to private transfers, or even to continued gun ownership by someone who decides to try marijuana now that it's legal in Illinois. That prohibition is pretty hard to enforce in those contexts, of course, but the fact remains that millions of gun owners are felons in the eyes of the federal government simply because they use an intoxicant that is legal in states accounting for more than a quarter of the country's population.

(2 images)

Post Comment   Private Reply   Ignore Thread  

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com