Below The Radar: Regulate Marijuana Like Alcohol Act

sangriana-iStock-823603532
Below The Radar: Regulate Marijuana Like Alcohol Act, iStock-823603532

United States – -(AmmoLand.com)- Many Second Amendment supporters don’t follow the debate over the legalization of marijuana. For many, it doesn’t seem to register. But right now, some of the effects of that debate could impact people’s Second Amendment rights.

Put it this way – while some states have decriminalized even the recreational use of marijuana, the federal government has not. 21 USC 802(16) lists marijuana (spelled marihuana in the law) as a controlled substance, and it is listed among such substances that can get a person a felony drug conviction. Such a conviction means good-bye to your Second Amendment rights.

Under 18 USC 922, though, one doesn’t need to be convicted on a drug charge to get hit with a 10-year federal sentence. All one has to be is an unlawful user of a controlled substance. This can include marijuana, as this case in Iowa illustrates. The United States Concealed Carry Association has outlined a lot of that on its site.

Here, a number of normal Second Amendment champions have not really been moving on this issue. But Representative Earl Blumenauer (D-OR) has introduced HR 420, the Regulate Marijuana Like Alcohol Act. This legislation takes marijuana and puts it on the same tier as alcohol with regards to federal regulation. The most important feature is that marijuana no longer becomes a controlled substance, which ends a lot of legal jeopardy for those who exercise their Second Amendment rights while using marijuana.

There will be a secondary bit of impact – the law renames the Bureau of Alcohol, Tobacco, Firearms, and Explosives to the Bureau of Alcohol, Tobacco, Marijuana, Firearms, and Explosives. There is no indication that extra funds would be given to this agency to handle the extra workload that would result from adding pot to its jurisdiction. That is a mixed blessing.

On the one hand, the additional workload might mean that there would be less chance of harassment of Americans who wish to exercise their Second Amendment rights. Simply put, if ATF has to also regulate marijuana on the same basis as alcohol, they will be a lot busier, especially in the months and years as marijuana is transitioned from “controlled substance” status.

But there is a flip side: There may be fewer agents available to prosecute some real cases that involve the misuse of firearms. Put it this way, depending on a presidential administration’s priorities, we could see some gun laws that should be enforced not get enforced.

It should be noted Representative Blumenauer doesn’t have the best record on our rights. That said, HR 420 marks a marginal improvement in advancing our Second Amendment freedoms on the margins. As was the case with another law that we covered, Second Amendment supporters should read the text, think it over, and if they feel strongly about it, contact their Representative and Senators and politely urge them to act.


About Harold HutchisonHarold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post, Strategypage.com, and other national websites.

Subscribe
Notify of
19 Comments
Inline Feedbacks
View all comments
Bubb
Bubb
3 months ago

Well done, even though I am anti-weed, well presented.

JoeUSooner
JoeUSooner
3 months ago

Several years ago in Oklahoma, a well-funded cabal ran a deceptive campaign to obtain a “medical marijuana” system. They outright lied to the citizens, in order to generate popular support for getting the necessary legislation through the state legislature. They swore to the public that this “system” would be approved by the federal government, which was a lie! AFTER the law was secretively passed, the citizenry learned that the only “medical” requirement in the legislation was a one-time prescription (a permanent plastic card), which doctors had no restrictions on issuing. No expiration date, no limits on quantity, no specified dosage,… Read more »

Last edited 3 months ago by JoeUSooner
Random71
Random71
3 months ago
Reply to  JoeUSooner

To start legislators should operate openly, in the interests of those they represent, any thing else is dereliction of their oath of office. Show me where in the constitution we the people gave the the government the power to tell anyone what they can or cant put in their own body. I can show you where it say the states or the people are to retain any powers they did not delegate to the federal via the constitution. Its Number 10 by the way, in case you’re not familiar with it. Which means it is illegally regulated by the Federals,… Read more »

JoeUSooner
JoeUSooner
3 months ago
Reply to  Random71

Guess again, dumbass.

1) Oklahoma does indeed allow citizens’ arrest (as long as the crime is personally witnessed by the citizen making the arrest).
2) Marijuana is ‘illegally regulated’ by the Feds, but until SCOTUS rules that way, Fed regulation occurs in full, practical, force.
3) The only thing ‘morally wrong’ in this load of manure is the fact that the public was lied to in order to falsely obtain a law (my original point).

So stick that “vigilante” BS… sideways.

a.x. perez
a.x. perez
3 months ago

There is a question on form 4473 asking if you use marijuana. If you answer yes the dealer must stop sale. Given current cultural realities this question needs to be eliminated.

Rob Pincus
3 months ago

The legalization of Marijuana is obviously a freedom issue. The current patchwork of state laws under the usually-not-enforced Federal Illegality of the substance creates confusion, opportunity for crime (including violent crime) where none should exist and forces those interested in both medical/recreational marijuana AND exercising their Second Amendment Rights to “pick their freedom”.

I believe that this issue also creates an opportunity for the gun community to ally with a segment of Americans who are pro-freedom, but not generally pro-gun to fight for our civil rights and reduce government involvement in our personal lives.

MICHAEL J
MICHAEL J
3 months ago

California now allows weed to be used as a recreational drug but will absolutely prohibit any person from obtaining a concealed carry permit who discloses marijuana use. On one hand it’s perfectly okay to smoke dope. On the other, the CADOJ strictly restricts anyone from using.
Federal law has always prohibited use in dope legal states where businesses
have federal contracts.

TexDad
TexDad
3 months ago

Some gun laws that should be enforced?

The federal government is the one holding the piece of paper stating clearly that there are no such things.

You’re still a compromiser, Harold.

uncle dudley
uncle dudley
3 months ago

Some of the states have legalized medical marijuana even though the federal government says it’s illegal and you can still be arrested by a federal agent for the possession of it.
Here in Missouri we just started the medical marijuana state law and it’s having problems getting off the ground, yet it will still be illegal for people who get caught with it who don’t have a medical card.
Time will tell the outcome.

Stag
Stag
3 months ago

Government has absolutely zero constitutional authority to regulate cannabis, alcohol, or any other drug/substance. All arms laws and drug laws are unconstitutional.

Ryben Flynn
Ryben Flynn
3 months ago

It is illegal to carry a firearm under the influence of alcohol or drugs. The wording varies from State to State, but being under the influence will still get you arrested with an additional firearms charge. Alcohol, illegal drugs, marijuana or even prescription drugs if abused.

Quatermain
Quatermain
3 months ago

An interesting correlation. The federal government lacks constitutional authority to ban firearms and cannabis. In particular the NFA is clearly unconstitutional as is the fed gov ban on cannabis. Cannabis, in particular, cannot be legally regulated by the feds. As proof there is the example of prohibition which was accomplished by a constitutional amendment as it was recognized then that there was no other legal way to ban it.

GUNFUN
GUNFUN
3 months ago

NO NO NO! NO! NO! One, it gives more power to the Government. Thus, providing opportunity for abuse. Moreover, this will provide reason for the ATF to have funding increases, possibly beyond their increased workload. This means that they would have extra people to infringe on your rights. Two, it allows for the widespread use of marijuana. As a substance that impairs the brain, it should never be used by anyone. There is a very strong debate for why we need to remove marijuana from America, but one of the problems that it causes is as a gateway to more… Read more »

Random71
Random71
3 months ago
Reply to  GUNFUN

1. It actually would be a sideways shift in power from the DEA to the ATF. Not that I approve of either agency. Both unconstitutional full stop. As is the War on Drugs, which has led to our current mass incarceration problem. Land of the free, Home of the world’s largest prisoner population. 2. It may impair the brain, but often in a less severe manner than alcohol. One often hears of being “blackout drunk” but not “blackout high”. It also can be a solution to several mental and muscular disorders. A gateway drug, thats funny. There are literally millions… Read more »

Last edited 3 months ago by Random71
GUNFUN
GUNFUN
3 months ago
Reply to  Random71

But God gave us our reason. To throw it away on a pleasurable high is to reject him. I have to follow God before the Constitution.

Shotgun505
Shotgun505
3 months ago
Reply to  GUNFUN

You are just uninformed. Educate yourself and then get back to us. The human brain has cannabis receptors in it. Why would it be on earth if we aren’t supposed to us it?

GUNFUN
GUNFUN
3 months ago
Reply to  Shotgun505

Who gave us marijuana? God.

Who created those receptors? God.

Who gave us reason? God.

I don’t deny science. And I’m not a scientist. But maybe those receptors are there for a purpose other than allowing you to get high whenever you can afford it. Like medical uses.

Random71
Random71
3 months ago
Reply to  GUNFUN

Indeed He created those and being all knowing, I am pretty sure He knew we would smoke it, and also knew how it would react to our bodies after placing said receptors in our bodies. We arent the only ones who get that effect, ask people who grow outside, deer refuse to leave the shit alone. Sounds as though you are taking the “your body is a temple and thou shalt keep it holy,” or perhaps being “sober and vigilant as your adversary is the devil” tack. One minor quibble with that line of thought, what should I trust first,… Read more »

Dave
Dave
3 months ago
Reply to  GUNFUN

Before you remove marijuana from America, fat chance of that, tell that to the parents of children with seizures that have been helped by cannibis oil.I have family whose kids have had their seizures cut to almost nothing. As for it being a gateway drug, most kids are exposed to pot at under age drinking partys. Lets ban alcohol, prohibition works so well. Wait they tried that once.