California became the first state to enact medical marijuana legislation in 1996 with the Compassionate Use Act, followed in the next four years by Oregon, Alaska, Washington, Maine, Hawaii, Nevada and Colorado. Ultimately, this led to Colorado being the first state to legalize marijuana for recreational use in 2014. Since then, many states have shifted their status to fully legalized, medical use and decriminalized, medical use only, decriminalized, and a few states where the main psychoactive component of cannabis, THC, is allowed to be present only in trace amounts in conjunction with CBD products. As of 2024, only four states remain that completely outlaw marijuana use: Wyoming, Idaho, South Carolina and Kansas. Beginning on January 1, 2025, Kentucky will be the next state to legalize marijuana for medical use, however, throughout the years the federal government, despite its practice of selective prosecution, has remained firmly on the side of the cannabis remaining a controlled substance.
The disparity between state and federal stances on the subject creates a conflict, but only really where it is convenient for the government. Let me explain. Despite brick-and-mortar cannabis dispensaries having opened up across many states, we don’t see the DEA going through the phonebook raiding these businesses one after another. The truth is that the government doesn’t care if you get stoned and wipe out the local Pizza Hut inventory, as people who use cannabis products tend to be pretty “chill,” which the feds see as compliant and relatively harmless. In fact, there is talk about the federal government eventually moving to legalize marijuana as a whole, but hold on to your hats on that one, my friends, because we’re about to talk about the selective nature of the government and gain some understanding on why they have not pursued federal charges against marijuana businesses throughout the nation.
Purchasing a firearm normally requires an ATF Form 4473 to be filled out, a process that Kentuckians are about to discover comes with some complications. Make no mistake, this is by design. Now that marijuana use has become so widespread in the U.S., the feds are doing a great job reminding states and gun owners that citizens must choose one or another, with a qualifying question on Form 4473 specifically addressing the matter.
“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”
If you check yes in the box next to this question, a licensed dealer is prohibited from selling you a firearm under federal law. But that isn’t where the agenda ends, as federal law also prohibits current gun owners from maintaining their firearms if they possess a medical marijuana card or use the substance recreationally.
“You cannot possess firearms and ammunition and also be a user of marijuana…They’re not expected to, but if they wish to follow federal law and not be in violation of it, then they need to make the decision to divest themselves of those firearms,” says ATF Special Agent AJ Gibes.
Violation of this federal law could subject American gun owners to prison time and a fine of up to $250,000, however, Gibes states that such charges are only likely to be pursued in connection with another felony being committed.
“We are not actively seeking and working solely on investigations involving just the possession of firearms and marijuana because of our finite resources,” says Gibes.
Perhaps that’s true for now, but you better bet that lists are being made as I type this. Do you really trust anything .gov tells you after reading the plain text of the Second Amendment and seeing how they have trampled that with brazen disregard?
Kentuckians, like any Americans living in states with marijuana legalized in some form, will have to face a decision between marijuana use and their right to bear arms if they wish to follow the law, unlike some criminals in our legislative, judicial and enforcement communities who violate their oath to the Constitution with impunity on a daily basis.
“I think the federal government, in the near future, needs to figure out how the Second Amendment and marijuana are going to coexist…Because it already is coexisting and it’s just going to be more prevalent in the near future” according to Ryan Crider, owner of Axolotl Arms in Louisville.
Please quit propagating the leftist lie about it being ‘legal’.
It is against federal law, period. So it’s illegal everywhere the federal government has jurisdiction over.
Decriminalized by a state is not the same as making legal.
My local city does not have any laws against treason, does that make it legal????
Wake up folks, quit pandering to their cause. If you want it legal, petition your elected representatives to change the federal law.
SMH……………
.
who cares? the Hunter Biden rule is in full effect, there can be zero prosecutions for lying on a 4473 without another crime without it being selective prosecution since the ONLY case that has ever gone to court over that law was overturned.
You sir are not a politically connected rich white person. People like you go to jail.
Interesting photo accompanying the article. I’ve never seen a more completely left-handed 1911.
Oh Nos, it’s actually the rare as a flying, glitter farting, zebra striped unicorn – the elusive DOUBLE MATCHING ACE SET, of which Colts only made the ONE pair !!
Just the glimpse of it is all that I need this Christmas.
“California became the first state to enact medical marijuana legislation”
Ample evidence it is moronic BS. Potheads must rationalize.
Barely even slowed down the smuggling. Just changed the motivation to do so. From evading the outright ban to evading the heavy taxes.
Taking the pot approach, maybe we should enact medical suppressor legislation in red states to normalize it. Companies still wouldn’t sell them. Everyone is aware of the anti-gun bias at the federal level. There should be an immediate Executive Order to end prosecution of suppressor and sbr/sbs without paperwork unless there are other substantial crimes being committed.
That is what I’m hoping for over the next 4 years. Suppressors and SBR’s to be taken out of the NFA. Unfortunately, I don’t see that happening after I read about how much money the government makes on the $200 stamp tax.
“comment in moderation”
We have Lost as a society. The ability to have an open, honest, and frank discussion on certain politically sensitive topics.
And what those topics are seems to always change from year to year.
let’s get this ‘legal in the states’ thing out of they way… its technically not legal in the states even though they have laws because the only way those laws were able to be made was because the DOJ agreed not to prosecute it if a state had a law legalizing its use in the state. plus it still remains illegal under federal law.
there actually isn’t any legal foundation to these states law when federal law is considered that it can still be invoked at any time with a supremacy clause basis by the DOJ deciding it can do it. so actually, it’s not really legal in any state.
the laws legalizing it in states only exist by ‘grace’ of the DOJ agreement with zero foundation in constitution or federal law and legalizing it in states, those laws, do not trump federal law.
Get yer ganja the old-fashion way. Why do duffuses tell .gov their business?🙄 In no way do I endorse pot.
“the old-fashion way”
I wouldn’t trust any street drug these days.
What was it that Elton John said? Oh ya.
Making m.a.rij.-uan.a leg,al was one of the worst things ever done.
Same administration as:
“Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities. And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates.”
h ttps://www.whitehouse.gov/briefing-room/statements-releases/2022/10/06/statement-from-president-biden-on-marijuana-reform/
“…Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates.”
Intentionally misleading, AKA fake news, AKA propaganda. How common are raids on people sharing a joint? Those “black and brown” people were usually committing other crimes outside of smoking pot. They can get high in their own house (if they aren’t bothering anyone) to their heart’s content, but that isn’t what’s going on here. Let’s be honest.
“Let’s be honest.”
Let’s say the arrest numbers are correct. Non whites are arrested more often. Ok. Lets then ask…
It is because the whites think they should not be smoking pot in public, where the police can see them???
And the whites who do smoke pot think it’s not a good idea, to smoke pot while they are driving a car, or operating heavy machinery. Where they can been stopped by the police on their regular patrols.
Now you can ask, why to white pot smokers think differently, than non white pot smokers???
Chris T in KY(assuming KY is Kentucky and not the jelly)
Your comments illustrate one of the root explanations for the differences between the 2 groups. It seems that some, no matter what, are going to do things that draw attention, especially unwanted attention, that could result in an abrupt interruption of life. Of course attitudes full of arrogance, I’ll do as I please, I don’t care etc knows no ethnic, religious or color boundaries.
Some folk seem to be hell bent on learning the hard way.
Some people never learn.
Ironic how so many folks on a gun forum (who you’d really think should know better) not only don’t understand freedom- they’ll happily support the federal gov’t in hunting freedom down and destroying it.
Funny, that…
All these stoner sanctuary states are insurrectioning. Equal treatment.
Opium pretty much destroyed most of China, and we don’t really have to go back very far to see that.
We’re seeing now that the cities that have unfettered pot use are the same ones having the worst societal problems. Denver is being overrun by gangs from other countries, New York City stinks bad enough to choke a horse, and you need to wear boots just to cross the street in San Francisco.
Just looking at Maslow’s heirarchy, none of those places with heavy pot use are even ready to have a cogent conversation about simple math, let alone make actual decisions about laws.
But in every one of those places, you’d do better to be armed at all times.
““Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
Like…?
A medically-recognized addictive depressant like ETOH, AKA, alcohol, beer, wine, or whisky?
A medically-recognized addictive stimulant like caffeine, or nicotine, like cigarettes or snuff?
*Snicker*… 😉