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

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    DjGeraldTom E CalmRobert KirbyShotgun Recent comment authors
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    Tom E Calm
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    Tom E Calm

    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 »

    Shotgun
    Guest
    Shotgun

    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.

    Jocko
    Guest
    Jocko

    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.

    Lord-Pi-314
    Guest
    Lord-Pi-314

    @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… Read more »

    Mark
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    Mark

    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… Read more »

    Gerald
    Guest
    Gerald

    I believe you are right on point here.

    Dj
    Guest
    Dj

    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

    Lord-Pi-314
    Guest
    Lord-Pi-314

    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 »

    luckieboy
    Guest
    luckieboy

    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.

    The Green Watch Dog
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    The Green Watch Dog

    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 »

    Gregory Greenwood
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    Gregory Greenwood

    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!

    Ron
    Guest
    Ron

    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.

    John Galt
    Guest
    John Galt

    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.

    Robert Kirby
    Guest
    Robert Kirby

    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.

    Mark
    Guest
    Mark

    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… Read more »

    Dave in Fairfax
    Editor
    Dave in Fairfax

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

    Tom
    Guest
    Tom

    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.

    No Filter
    Guest
    No Filter

    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… Read more »

    The Green Watch Dog
    Guest
    The Green Watch Dog

    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!