Legalized Marijuana does not Change Federal Law for Gun Owners

Marijuana And Fireworks
Marijuana And Guns

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: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

  • 19 thoughts on “Legalized Marijuana does not Change Federal Law for Gun Owners

    1. 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 migrant workers and monopolizing textiles.Those DIRTY, LYING, CORRUPT Legalized Organized Crime bosses changed the name so they could trick the public into going along with banning this “Devil WEED!”. I mean who wouldn’t want to rid the world of “The Devil’s Weed”? Right? The problem is, no one realized that they were referring to Cannabis which was widely used in medicines and created NO PROBLEMS whatsoever. They never made public aware of the correlation between the two, thus easily outlawing it with little to no resistance.
      That is why for the last 25 years I have and will continue to practice Civil Disobedience in protest of these immoral unconstitutional laws that violate, perpetrate, and desecrate the very fabric of the values and beliefs that this nation was founded upon.
      But Wait! There’s HOPE!
      If we are vigilant throughout this process, there may be a way for us to have our cake and eat it too. What I mean is that I don’t think people realize the potential this has for our country as a whole. One main reason is financial independence by bringing the American Farmer back and becoming a major exporter again. Not to mention getting out from under the stranglehold of the OG Banksters from the Federal Reserve. Another major reason is getting off the tit of big pharma and “just say no” to their drugs.
      I just hope we are smart enough to not become complacent to the fact that they aren’t giving us this for free. Expect them to continue to sneak in manipulating double-speak for the sole purpose of right stripping. We must hold our middle fingers high and keep our feet firmly planted through this historic process. I pray we get it right this time.

    2. 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.

    3. Screw all the dopers. This law is righteous, if you are a user of a psychedelic drug you should not enjoy the freedoms of firearms. Take that pot smokers.

      1. @Jocko….P*ss on that infringement crap. We could say the same about boozers, and people taking statins, or cholesterol drugs. How about heart attack meds ? “Oh no, since you take a heart drug, that means you might have a heart attack and accidentally shoot yourself”, they will say. Booze is far more dangerous than pot. Never heard about anyone getting cirrhosis from pot, or dying any other way from pot. Or driving erratically. Pot makes most people drive very safely, the same way they would handle a firearm. It’s just that some people see pot as a black mans drug that cuts into the booze makers profits. It’s a prejudice thing. Booze is the worst and most dangerous “dope” of them all. People get totally sh*tfaced when they use it. The old saying of “Whiskey and Gunpiwder Don’t Mix” is a very true maxim that’s been around for ages, probably since the Chinese invented the stuff. You can bet that the gungrsbbers will latch onto that next. They will ban six gun ownership if you ever bought a six pack. For your information, most of our founders grew cannabis as a cash crop, and old George W. used it to kill the pain of his bad teeth. Many people used pot for medicinal and recreational purposes since time immemorial, until the same tyrannical dirtbags that brought us the Federal Reserve and the Income Tax further increased their war on the people in 1933 and banned many substances that previously anyone could buy in the town drug store. Banning gun ownership just because someone smoked pot in the past is a rule fostered by arseholes. It’s just another illegal end run around the 2A, and another weapon used by TRAITORS in their WAR AGAINST THE CONSTITUTION. So now that many states have medical marijuana and recreational marijuana, and the whole world is moving toward legalization, those control freaks and gun grabbers are going to tell them that the 2A doesn’t apply to them ? I think they can put that in THEIR pipe and smoke it, and shove the ashes up their behinds. Because nobody is going to comply with that crap for very long. Imagine if they tried that in Viet Nam ? Hardly any of the soldiers would have been allowed a firearm. Yeah, that would have gone over real well, wouldn’t it ? I guess you weren’t around back then, were you Jocko ? You seem to be a bit wet behind the ears on this one, Sonny boy. And what do you think is going on in Afghanistan nowadays, where they have some of the strongest hashish ever seen in the planet, not to mention 90% of the worlds poppy production. Do you think we should disarm our soldiers over there too ? And Israel is known for their ECSTACY PRODUCTION, perhaps the IDF will also disarm because they like to party now and then.

        1. You are incorrect in your statement the founding fathers grew cannabis. They grew hemp, which while related to cannabis, biochemically, it is quite different. In fact, hemp was the major cash crop being exported up until the 1030’s when the government made it illegal. Some say it is because the chemical company, DuPont, invented nylon which was being used for rope and hemp was a much cheaper source for rope manufacturing. The main difference is the THC, or tetrahydrocannabinol. It is the chemical responsible for most of marijuana’s psychotropic effects…ie “getting high”. Hemp has an extremely small amount while today’s marijuana has huge amounts. Growers are producing hybridized altered versions of pot – very different from the 60’s version of pot Vietnam veterans used. It is today’s altered THC that is responsible for young people having schizophrenia induced reactions, some lasting for years. As for driving, accident records do show a higher incidence of marijuana-related accidents do to the impaired reaction time.
          I have a son with intractable seizures who has benefited from using marijuana; so for the past 9 years I have researched this topic extensively to know what possible side-effects he may have. Unlike most with seizures using hemp products (Charlotte’s Web by the Stanley brothers in CO), his body has required a small amount of THC for anti-seizure activity.
          There are real and, in some cases permanent, dangerous psychological risks using today’s marijuana products as they have been altered to achieve higher and higher amounts of THC. It is the cannabinoids in pot that have most of the medical benefits. There is some benefits with THC but caution must be used in these cases. It does come down to some genetic markers within a percentage of the population.
          You may want to think about this scenario:
          Recently in Michigan (and it will soon be happening in other states), the recreational use of pot was passed on the ballot by over 60%. Most of those voters were millennials and they overwhelmingly voted democRAT. Pot does have serious psychological affects by way of lack of concentration abilities and hinders critical thinking. The millennials were dumb-downed in public schools, trained to look down all the time at their “smart-phones” and rarely “look up” to SEE and observe the REAL world around them. They have no education in American history let alone world history. They are more interested in the new apple technologies and cannot for the life of them carry on a REAL relationship with anyone. How soon will this country fall to the communists because the younger generations are just plain stupid when it comes to REAL life and history? The British used opium at the turn of the century to overtake the Chinese and rule for a period of time. Is there a parallel here? I most certainly believe there is. Distraction, Divide & Conquer, the use of psychotropic drugs (both medicinal and recreational) put them all together and you have the “Perfect Storm” for destroying the last country of Freedom and replacing it with communism.

          1. How has a weed been altered without the help of Monsanto? Relax and enjoy Marijuana. I have for years. I have a perfect employment record and a perfect driving record. I shoot my guns regularly

    4. 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 for the rest. Just like the minuscule percentage of people who abuse firearms, who make it bad for the rest of law abiding gun owners. People just have to know their limits, and there is no doubt that some substances can be very dangerous in the wrong hands. And because the laws are what they are, it would behoove a person to follow them as they exist. However, some laws do seem to be discriminatory, and designed to be an end run around the 2A. For example, have you ever seen a question like “have you ever in your life imbibed in drinking alcohol” to be a reason to deny a permit if the answer was “yes” ?

    5. 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.

    6. 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 our current laws enforced. I as an American in this county, I support our US laws.

    7. 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!

    8. The saying ‘be careful what you wish for’ seems to apply here.
      Those who indulge should just stay under the radar.
      And not just this..but be careful about ‘Anything’ you tell your doctors.
      It could come back and haunt you no matter how insignificant it may seem.
      There are many ways to loose your ‘legal’ right to own a firearm.

    9. I do not support ANY gun laws. What part of shall not be infringed do you fail to understand?

      Repeal all (unconstitutional) gun laws

      Prosecute criminals.

      1. John Galt nailed it. I have a permit but constitutionally I shouldn’t have be have one. Being a US citizen, the Constitution should be my permit. Like John said prosecute the criminals, stop going against the Constitution. The stupidity level of american’s willing to give up there rights is amazing. Politicians and military members took an oath to protect the Constitution, not change it.

    10. Being a MI resident and a father of a child with intractable seizures, I became his “provider” for his use of a medical form of marijuana. It saved his life, literally and has continued to be of extreme benefit for him. Because the THC is extremely low-dose, he doesn’t have the psychotropic experience of being “high”.
      1 year ago I went to a local gun store to purchase my first handgun. I was told they would not sell me a gun because I was my son’s provider. I spoke with a fellow of the BATF who said there shouldn’t be any problem because it was my son, and not me using. I explained to the store owner about this but they still wold not sell. I went to a local Cabellas wondering if something would come up in the FBI file. I was relieved when nothing came up and I purchased a S & W Shield. I then went through the training for a CCP and receive it as well.

    11. @Green Watch Dog
      You need to practice your English more, as well as your capitalization. Your syntax is giving you away tovarisch(Товарищ).

    12. Expect Federal law to change when there is a new Attorney General in place. That won’t change the responsibility of individual gun owners with respect to their mental acuity when carrying a firearm. It will still be up to us to set the example of what safe, responsible personal defense carry looks like. It certainly shouldn’t look stoned any more than it should look drunk.

    13. A background check for me is a right of passage and l can honestly and proudly check the NO box on my NICS forms. Yeah, that’s right! Forms! I pee clean and remain sober not as a matter of law but as a conscious choice. I hope other law abiding, responsible gun owners would choose the same. As an aside to the marijuana discussion, l passed three dispensaries in a half-block on my trip to the range last Saturday. I’ve never seen the insides of one. I’d rather spend my money on ammo. Put that in your pipe and smoke it!

    14. I, The Green Watch Dog, 100% support our federal laws across this country. It is clear and to the point. Dope for medical marijuana have been recently approved here where i reside. Ignorance of the law is no excuse and I expect our laws be enforced. Current gun laws that, as a whole the pro gun owners support for across this country. They sing like a canary every day: We need to support our current gun laws! Well here you go pro-gun owners!

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