Pubdate: Thu, 14 Aug 2014
Source: Westword (Denver, CO)
Copyright: 2014 Village Voice Media
Website: http://www.westword.com/
Details: http://www.mapinc.org/media/1616
Author: William Breathes

WHY CAN'T MMJ PATIENTS OWN GUNS?

Dear Stoner: Why can't I own a gun if I'm a medical marijuana patient?

Angel

Dear Angel: Because you're a criminal. Not in our eyes, of course,
but in the eyes of the federal government, which doesn't recognize
marijuana as anything but an illegal drug. When you buy a new gun,
you've got to fill out a form with the Bureau of Alcohol, Tobacco and
Firearms that asks if you are "an unlawful user of, or addicted to,
marijuana or any depressant, stimulant, narcotic drug, or any other
controlled substance." And although your red card makes cannabis use
legal at the state level, for Uncle Sam it doesn't change the fact
that you are an "unlawful user" of marijuana. If you answer "no" to
that question, you're committing perjury. And if you answer "yes,"
you're not getting your gun. Sellers can also be fined or jailed if
they know they're selling a gun or ammunition to a pot user. (For
what it's worth, you can legally drink booze while possessing a gun
as long as you aren't drunk.) Colorado law, including laws for
concealed carry, says the same thing federal law does. In fact, the
only medical-cannabis state to expressly allow patients to keep their
firearms is Illinois.

Interestingly, gun owners are not allowed to be around people who are
known pot users or growers. The idea was to create sentence-enhancing
crimes for armed drug dealers, but it's having unintended effects on
the legal marijuana industry. For example, security guards hired to
watch over a medical marijuana dispensary technically can't be armed.
But Colorado officials have said they'll look the other way when it
comes to that and have openly allowed armed-guard services for things
like money and pot transfers.

State law enforcement agencies have repeatedly told us they cannot
cross-check against the medical marijuana patient registry when doing
background checks for firearm purchases; under the Colorado
Constitution, they can't access that information for that. (Only
police who have been presented a medical marijuana registry card can
call to verify it with the state health department.)

But don't think for a second that the feds wouldn't use your gun
against you in court if you find yourself there on pot-growing
charges. Washington's Larry Harvey, who had his medical cannabis grow
raided by feds last year, was charged with having guns "in furtherance
of drug trafficking" - for a turkey-hunting shotgun and a deer-hunting
rifle that he kept locked up. He now faces up to life in prison. A
federal judge in Nevada nixed proposed changes to that policy earlier
this year, so don't expect it to change anytime soon.

Our advice? Learn bow hunting or kung fu.