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.
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 »
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.”
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 »
@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.
@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.