Washington. DC – -(Ammoland.com)- ATF has received a number of inquiries regarding the use of marijuana for medicinal and recreational purposes and its applicability to Federal explosives laws.
A number of States have passed legislation allowing the use of marijuana for medicinal or recreational purposes, and some of these States issue a card authorizing such use. Federal law under 18 U.S.C. § 842(d)(5) prohibits any person from knowingly distributing explosive materials to any individual who is “an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).”
Further, § 842(i)(3) prohibits any person who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. § 802)) “to ship or transport any explosive in or affecting interstate or foreign commerce or to receive or possess any explosive which has been shipped or transported in or affecting interstate or foreign commerce.”
Marijuana is listed in the Controlled Substances Act as a Schedule I controlled substance, and there are no exceptions in Federal law for marijuana used for medicinal purposes, even if such use is sanctioned by State law.
The Federal government does not recognize marijuana as a medicine as the U.S. Food and Drug Administration has determined that marijuana has a high potential for abuse, has no currently accepted medical use in treatment in the United States, and lacks an accepted level of safety for use under medical supervision. Therefore, any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal or recreational purposes, is an unlawful user of a controlled substance and is prohibited by Federal law from receiving or possessing explosive materials that have been shipped or transported in the United States.
Such persons should answer “yes” to question 14.b. on ATF Form 5400.13/5400.16 (June 2012), Application for Explosives License or Permit and “yes” to question 19 on ATF Form 5400.28, Employee Possessor Questionnaire (February 2013).
Further, if you are aware that a potential transferee, or an employee or responsible person taking possession of explosives on behalf of a transferee, has been issued a card authorizing the possession and/or use of marijuana under State law, then you may not transfer explosive materials to the person, even if the person possesses a Federal explosives license or permit.
I am not a marijuana smoker but I do believe alcohol has killed millions of people in the last hundred years in one way or another. Now I’m sure marijuana use has killed people but I can’t believe the numbers are anywhere near alcohol. Just my opinion.
You give up your 2’nd Amendment Rights to own a firearm and ammunition for self defense, for a Medical Marijuana Card!!!!!!!!! I would rather be “DEAD” than give up my rights to own a firearm, if you give up your guns, your “DEAD” anyway!!!!!!!!!!!!!!!!!!!!!!!!!! Period!!!!!!!!!!!!!!! PS. Ask me how I really feel????????? HA!!!!!!
What about all the “pain Killing” schedule one drugs? You gonna strip a load of our veterans of their 2nd Amendment rights? There was NO EXCUSE to put MJ on the list as a schedule ONE drug in the first place except some liberal with his nose in the wrong spot didn’t like it. WHY are they NOT throwing the shrill Hag HIllary in jail for violating the “No Private Server” rule and posting Secret information to people NOT authorized to receive it? HER violations of law have put ALL Americans in danger.
Can a person with 1, 2 or 3 DUI’s still buy a gun? In NE. The 1st should be a felony but it’s not nor is the 2nd. Let’s give them a card so they will not drive ever? Same song different drug, ever see someone smoke pot, get loud, stupid, and want to start a fight!
This has to be one of the most hotly contested topics i have ever seen. Most people, or at least the most vocal ones, seem to think that this is ridiculous. Going so far as to compare it to alcohol. I follow the letter of the law and have no desire to see anyone with a marijuana card being able to buy a firearm. It just goes to show how much intrusion liberal thinking has encroached on our society. The plain truth is that marijuana effects the fine motor skills and reaction times of the individual using it. The key… Read more »
Doesn’t the marjiuana restriction apply to firearms as well?