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.
This law does not apply to Hunter Biden or elitests only us pee ons . Hunter can use crack and falsify his purchase form and the big guy will sweep it under the carpet and tell the BATF to go after law biding citizens for thier ghost guns and braced pistols. This law is a joke and so is the BATFs selective enforcement . Hunter has given anyone charged an out now because a good lawyer will not let the facts be buried . The BATF will either charge Hunter or not have a leg to stand on in future… Read more »
Catch 22 ?
The ATF form only asks you to report if you use a prohibited drug ILLEGALLY. I don’t see how the court got around the fact that those with medical marijuana cards or prescriptions are clearly using the drug LEGALLY. Therefore they are not obligated to answer the question “Yes.”
Because it is still illegal on a federal level no matter what the state says. Federally it is not recognized as having any medicinal value, thus “medical use” is not applicable and you must answer “Yes” on the ATF form as ANY use is federally illegal.
10th Amendment case here.
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.
Must be a recycled article.
Hmmmnnn…I may get a duplicate of some of this comment because Ai was halfway through itg when my computer went nuts. Oh well, here’s a recap: There is a YUGE legal problem with the federal laws against marijuana, and that problem is probably the reason the feds have not really challenged the states and taken the issue to the SCOTUS-they know they’ll lose. The fact is that the federal government has NO legal constitutional authority to ban any drugs, for any reason. When they wanted to ban alcohol, they went about it in the required legal manner by passing a… Read more »
It is complete hawg warsh that pot has not been legalized after all these years of people smoking it. Why would America want to make something legal that would put a big dent in the Mexican cartels profit margin? Sarcasm. Could you imagine the money generated from pot sales tax and how that could help pay off our debt? Anyone that has lived and been around some drunk asshole versus someone who smoked some weed knows that there is a night and day difference. It is a no brainer who a person would rather be around if they had a… Read more »
Unfortunately pot causes cancer. Some of the same compounds found in tobacco are found in marijuana. Alcohol is also a naturally occurring byproduct of free floating yeast converting sugars in a liquid (“God made pot but man made alcohol” is both false and misleading) so we need to stop the semantics. Both alcohol and marijuana have the same capabilities of addiction…. one is more of a physical dependency and the other is more psychological, yet they both pose risks to addictive personality people and any statement otherwise is disingenuous. Pot affects fine motor skills, try threading a needle…. you’ll be… Read more »
@Robert A lot of things cause cancer. A lot of them are even allowed in your food by the FDA. Just go lookup all those harmful food preservatives found in the food you buy at the grocery store and consume. How about those fancy pesticides sprayed on your food brought to you by those wonderful people at Monsanto. You are worried about pot smoking causing cancer but not about all the poisons being added to your food from companies like Monsanto who are also genetically modifying them aka screwing with nature. You do realize that the even though the government… Read more »
@TxTruth I pointed out that it causes cancer to shine a light past the “It’s a natural product so it isn’t harmful!” cry that usually comes in a discussion about pot (reference the comments about alcohol). There are many other things that are approved by the government that are just as or more harmful, it was not my intent to imply that pot was harmful and that’s why it was banned. I firmly believe that tobacco and alcohol producers were the impetus for such a draconian classification for marijuana, but I have no proof of this. As for the patents,… Read more »
Fudd.
@BinIll, Ok, I re-read the thread, and here are excerpts:
1. “you really are obtuse aren’t you Wild Bill?”;
2. “You are getting quite emotional and immature,…”;
3. “…there is no hope for you.”;
4. “Are you really that much of a hypocrite?”;
5. “And what the hell does “leave out something experiential” even mean?”; and
6. “Do you simply spew your own opinions as fact?”
Well, that is the record. Simply stating your case? Maybe your cognitive dissonance is showing.
The founding fathers were hemp farmers.
Even though both are taxonomically cannabis, hemp is not the same as marijuana that one smokes. There is no “high” from hemp and it was/still is grown for fiber production. This is not an apples to apples comparison.
Reference NO.6 dem’s. have been and still are spewing their opinion as fact for years such as anything they have proposed as solving gun crime, (assault rifle bans, waiting periods, gun free zones, registration, age limits, purchase limits/ day, month, year, back ground checks) all of these have been tried and are still on the books in the most crime riddle cities and states such as Detroit, New York, Chicago, and none have detoured their crime rates. With well over 24,000 gun laws on the books, what needs to happen is that if any law is proposed it must name… Read more »
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.
Key word being “explosives.”
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!!!!!!
The point isn’t choosing one or the other, the point is the so-called “War on some drugs” is illegal, immoral, unconstitutional and anathema to anyone who believes in freedom. Anyone who defends the right to keep and bear arms should also be demanding the immediate end of this insane war on drugs.
@BinIL, I’ve heard these same arguments since I was in HS. These arguments sound good in print but leave out something experiential. I think that if you are looking for allies to support your pot use, you are in the wrong shop.
So you are telling me that a website devoted to personal freedoms, the freedom to keep and bear arms in particular is nothing more than a den of totalitarians? Is that your argument? Are you really that much of a hypocrite?
And what the hell does “leave out something experiential” even mean? Have you not done any research into this topic? Do you simply spew your own opinions as fact?
@Bin Ill, I am not sure if this website is devoted to personal freedoms. I think that Ammoland is more narrowly structured than “personal freedoms”. I am not making any argument, opposing or supporting. So how could I be a hypocrite, with this obvious lack of advocacy either way? Actually I have done a certain modicum of original research by arresting several marijuana intoxicated persons, and my observations of their houses, living situations, clothing, etc are what I mean by your arguments sound good in print, but leave out something experiential. So don’t get wrapped so tight, smoke up and… Read more »
Well, you’re experience is far different from mine. All of the pot smoker’s I know are highly paid professionals who live in well kept homes, have careers and don’t lay around like a high school kid living in his parent’s basement.
If you can’t see how all freedoms are inter-related, then there is no hope for you.
@BinILL, No hope for me. That sounds like an amateurish attempt at declaring a win and disengaging fast. As to “All of the pot smoker’s I know are highly paid professionals who live in well kept homes, have careers and…” Sound like smoking pot on a sustained basis is a common denominator for success. Maybe it should be required from the first grade on because we do want our children to be successful.
Wow, you really are obtuse aren’t you Wild Bill? Never declared victory, only made a simple statement that you just don’t seem to get.
Then you offered your example of lazy pot smokers and I replied with my experience. But I guess in your world I am not allowed to do that. You are getting quite emotional and immature, are you sure you can hold up?
@Wild Bill, Answer this. How many people does alcohol kill every year in America vs marijuana? If you were as smart and educated as you think you are, you would know that the drug war is an utter failure. It wasn’t even Nixon’s idea but rather the UN’s and since its declaration by Nixon in America, it has been a failure from the get go. Drugs are more available than ever before. Sounds like the drug war is working alright haha, depending on who you ask. The control freak government and law enforcement like to keep it illegal because its… Read more »
@TX Truth, In my debate with BinILL, he was so ineffectual, that I did not even have to take a position. As to you, I don’t think that, “you would know that the drug war is an utter failure.” is the measure of smart or educated. If you want to make me the issue, then what ever will we do? I know, lets match degrees and accomplishments. I’ll go first. BCT and AIT, Ft Leonard Wood. OCS Ft Benning. OBC Combat Engineer, Ft. Belvior. OAC Combat Engineer Ft. Belvior. Command and General Staff College, Ft. Leavonworth. So now it is… Read more »
@TxT, The wicked flee even when none pursue.
@Wild Bill Yet with all your education and degrees you still couldn’t or refused to answer how many deaths marijuana causes each year vs alcohol, the latter being something that can be bought at most grocery stores and gas stations. You didn’t even acknowledge how dangerous big pharma prescription drug use was so let me set you straight on that. They are responsible for over 100,000 deaths a year. You know a good number of these recent mass shooters have been on those big pharma anti-depressants. Funny how the media blames the gun and makes no mention of the meds… Read more »
we call them Educated Idiots.
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!
@BinILL, I have never had so little emotion attached to a conversation as I have had with you. I think that it is just the other way around, you are getting upset, and the evidence of your emotional up set is that you are devolving into petty insults because I won’t agree with you. I think that you should put your feet up, and have a hit or two from the old bong, and you know, relax. Just let the world go by.
Your cognitive dissonance is showing. You are the one with the petty insults, go back and read the thread. I am simply stating my case and replying to your collectivist views.
Doesn’t the marjiuana restriction apply to firearms as well?
Yes. ATF form 4473 11 (c) Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Marijuana is still a federally prohibited schedule 1 drug.
Now the hipster know how the Confederacy felt.
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 »
Mike aside from having no idea of what you are talking about, I see that you are also a fine little totalitarian who has no problem ordering other people around. You are no different than the anti gun people, kindly sell you guns and go away, you have no business here.
Keep lying on your ATF form 4473 11 (c) Bill. Maybe Obama or or Hillary will grant you a pardon.
You need to go away too, you are no friend of the 2nd or liberty. Why did you automatically assume that I 1 Use drugs, 2 lie on 4473 form and 3 even own any guns? Are you really that stupid? The fact of the matter is, you either believe in freedom and liberty or you do not. You and Mike clearly do not, you are no different that the gun grabbers and, apparently, you are too blind to see it. What a good little useful idiot and totalitarian you are! I am sure Stalin would be proud of you!
You need to go away too, you are no friend of the 2nd either. You assume I 1 use drugs, 2 lie on 4473 3 even own any guns. You are no different than the gun grabbers, and you are too blind to see it. You either believe in freedom, liberty and the founding ideals of this country or you do not. Both you and Mike clearly do not, simply a couple of Fudds.
Another totalitarian heard from. You are not different than the zealots you claim to fight, go away troll.
@Bill in Il, Having read Mike’s post, I don’t see that he has “no idea” what he is talking about. How do you get to that conclusion? Mike says that he follows tie law what is “…a fine little totalitarian…” about that. Not saying that you are wrong, yet. I just would like to read the logic that gets you to those conclusions. As to the go away part … I won’t even address how wrong that is.
“The plain truth is that marijuana effects the fine motor skills and reaction times of the individual using it. The key ingredient of marijuana stays in your system far beyond the day of ingestion, sometimes as much as a month or longer. Over prolonged periods of use it is known to effect the brain and motor skills. We need to keep fighting to keep it a schedule 1 drug.” The only thing true in that entire rant is the fact that weed stays in the system for up to 6 weeks.It does not effect fine motor skills or reaction time,… Read more »
@Bill in Ill, So you want to smoke pot, without DEA interference?
Your correct on all
No, I’m telling you I want to live in a free society where I don’t have a bunch of collectivist / totalitarian / authoritarian psycho freaks ordering people around at gun point telling them what they can and cannot own, where they can or can’t go and what they can do in private. You know, kinda like the ideals the country was founded on, or did you miss that?
@smoke, What is the rest of your sentence, or did you forget what you were going to say?
@BinILL, All of the points in your argument sound so noble, traditional, and righteous. It sure is strange that Bill “I did not inhale” Clinton or the current POTUS didn’t fix it all for you. Must not have sent in enough bribe money.
Wild Bill, now you are just being sophomoric, no point in attempting to discuss a topic with you. I take it you are fine with the war on some drugs as long as it doesn’t affect your gun ownership. I bet you are also one of the one’s who will gladly turn all your guns in when so ordered.
@BinILL, jumping to conclusions again, as I have taken no position, but I have found out your sophomoric method of debate.
but a drunk can shoot his weapon just fine
Right Thomas? Alcohol has PROVEN bad effects on the body, especially over long term use. It is addictive, effects fine motor skills, the brain, liver pancreas and kidneys. It also makes people do insane things that get them injured or killed.