Federal Court vs. Medical Marijuana


The Federal Appellate Court Makes you choose between MMJ and your weapons.

The Ninth Circuit Court of Appeals ruled on a lawsuit filed in Nevada in 2011. The lawsuit was filed in a hope to deem the ban on buying weapons and ammo for MMJ cardholders unconstitutional. A solid argument rooted in the Second Amendment was denied by the court ruling 3-0 that a person who possesses medical marijuana card cannot buy a gun. The court stated that medical marijuana “raises the risk of irrational or unpredictable behavior with which gun use should not be associated” and that MMJ patients are likely “to experience altered or impaired mental states that affect their judgment and that can lead to irrational or unpredictable behavior.”

In other words, the Court ruled that people who drink alcohol and become aggressive and violent as a result may freely access the Second Amendment rights, as opposed to medical marijuana cancer patient who uses the medicine to get the needed relief from the conditions. In the light of the latest scientific researches, such conclusions are questionable. However, we understand that the issue is rooted into the Controlled Substance Act of 1970 that places MMJ in the first category of dangerous drugs.

The ruling of the Court spreads across the nine States across the Western US, including Nevada, California and Oregon. The Court relied on the letter that ATF issued in 2011 (!) that specifically required banning weapons and ammunition sales to medical marijuana cardholders. The Court said that the Appellant could have bought the weapons before acquiring the MMJ card or forfeit the card and buy the weapon.

Interesting enough, what most people think is a loss of MMJ industry to the federal government is actually quite a win. The Federal Judge openly described a loophole in the law for MMJ cardholders to use. More specifically, acquire the gun and ammo before you get MMJ card, as keeping the weapon alongside with MMJ card is legal, but buying is not. Or if you already have a MMJ card, cancel it and buy a gun. Once you have a gun, get the MMJ card again. Genius!

Also, it is worth mentioning that the Appellant’s lawyer have not proposed the recent studies on MMJ to challenge the conclusions and the methodology of the studies the government used. It is quite important in such cases to have a team of lawyers that possess profound legal and scientific knowledge in the cannabis industry. The type of expertise and knowledge that GreenAcre lawyers possess.

Nevertheless, to heal the disease, one has to kill the cause and not the symptoms.   The federal regulations should change to adopt a new trend in the State laws. Outdated laws of 1970 and 2011 do not reflect the needs of our society at the moment.


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