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