U.S.A. –-(Ammoland.com)- Taking effect in in the following weeks is Michigan’s new voter-passed law (Proposal 1) regarding recreational marijuana. Many are asking about possessing and carrying their firearms, whether concealed or not, now that marijuana is legal in Michigan.
Unfortunately, the legalization of marijuana in Michigan does not change the situation much. Since Michigan law does not affect the validity of federal law, you still cannot both use marijuana and have firearms.
Under 18 U.S.C. § 922(g)(3), a person who is “addicted to or an unlawful user of” a controlled substance is considered a prohibited person for firearm regulation. The Federal Controlled Substances Act, Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 801 et seq., regulates marijuana as a Schedule I controlled substance. So, if you use marijuana and possess a firearm, you open yourself up to prosecution for a 10-year felony under federal law.
Legalization of marijuana will also have little effect on CPLs. Possessing or using marijuana will not directly cause you to lose your CPL. But, conviction of related offenses may.
However, under MCL 28.425k, a person carrying a concealed weapon while “under the influence” of alcohol or a controlled substance is subject to a range of consequences including misdemeanors and loss/suspension of the CPL. It is also a crime under MCL 750.237 for an individual to carry a firearm while under the influence of a controlled substance, whether carrying concealed or open carry.
“Under the influence” is defined as “the individual’s ability to properly handle a pistol or to exercise clear judgment regarding the use of that pistol was substantially and materially affected by the consumption of alcoholic liquor or a controlled substance.”
It has yet to be determined the extent of marijuana use that will trigger a violation of MCL 28.425k or MCL 750.237, so the safest choice would be to avoid marijuana use at all.
The legalization of marijuana in Michigan will not have any significant effect on the legal landscape for firearms. Federal law still prohibits users of marijuana from possessing firearms, and it is still illegal to be under the influence of marijuana while carrying a firearm.
About Michigan Coalition for Responsible Gun Owners:
The Michigan Coalition for Responsible Gun Owners is a non-profit, non-partisan organization. Formed from just eight people in 1996, we now have thousands of members and numerous affiliated clubs across the state. We’re growing larger and more effective every day.
Our mission statement is: “Promoting safe use and ownership of firearms through education, litigation, and legislation” Visit: www.mcrgo.org
I’m a gun owner and will smoke some legal weed when it becomes available. After smoking, I won’t drive a vehicle or handle a firearm. It’s nobody’s business what I do at home. Come and take them.
I called it 10 years ago! When I starting seeing cannabis legalization rolling out so quickly for no apparent reason, I thought to myself, “This has GOT TO BE a setup!”. NOW I Clearly see why this “legalization”, if you can even call it that, has taken the world by storm. This is just another slimy pathetic attempt to try and unconstitutionally disarm the public…… Once AGAIN! Let’s all just forget the fact that “Marijuana” Does NOT exist! That term was created for the sole purpose of literally demonizing Cannabis. In short, it was done for reasons of prejudice against… Read more »
Marijuana, like any other substance, affects different people in different ways. One mans meat is another mans poison. Some people can appear and act perfectly sober after downing several shots of booze, while others just can’t hold their liquor after one shot. I’ve personally known people who have driven clear across the country while smoking pot continually and had not a single mishap. Undoubtedly, many cross country truckers have used the illegal “white crosses” to get them where they are going in a quicker manner. But, as usual, it is the ones who have a problem that makes it bad… Read more »
george washington grew hemp…thomas jefferson grew hemp. hemp and marijuana are “kissing cousins”. they both have many uses from medical uses to clothing. one particular uses is the manufacture of paper. the great newspaper magnet, randolf hurst, owed countless thousands of acres of woodlands to produce paper for his needs. being one of the big guys and knowing people in high places,no pun intended, one of his insiders in the government made the growing of hemp a statue 1 crime. feels great to be a little guy doesn’t it.
Gun owners should be well versed that it is unlawful to possess a firearm with a controlled substance. Federal law makes it clear that it is unlawful for a person to possess a firearm “who is an unlawful user of or addicted (possess) any controlled substance.” Ignorance is no excuse and we as Americans are bound to comply with the laws of this land. Complying with our laws is not a pick and choose issue team USA! We all need to bind together to face our gun issues in a constructive manner. As I have mentioned, gun advocates always want… Read more »
Oklahoma allows medical marijuana. After the law was approved OSBI issued a statement that the purchase _or mere possession/ownership of firearms would be illegal for anyone with such a prescription.
As a 58 year old Army Vet, I have considered trying a prescription to manage some of my issues… but not as long as I might lose my guns!