Marijuana and Gun Rights Don’t Mix, But What About CBD Oil?

CBD oil

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By Emily Taylor

A topic sparking discussions among gun owners is the legality of cannabidiol or CBD oil. While many medical patients swear by its healing effects, gun owners nationwide could find CBD oil to be a huge source of pain when it comes to their Second Amendment rights.

The use of CBD oil for medicinal purposes has spread like wildfire among people here in the United States and abroad. CBD is often synthesized from the oily resin of the cannabis plant to create edibles, gel caps, topicals, beverages, and vape oil cartridges.

People use these products to treat everything from epilepsy to arthritis and most swear by it. But despite the popularity of CBD oil, it’s very important to realize that anything related to cannabis triggers potential criminal liability under both state and federal gun laws.

Federal Classification

Federal law considers cannabis or marijuana a Schedule 1 controlled substance under the Controlled Substances Act. This classification under the act equates marijuana with heroin and other hard drugs and states it lacks any medicinal value, has a high potential for abuse, and cannot safely be prescribed. Merely possessing cannabis is a federal misdemeanor punishable by a fine up to $1,000 and/or a year in prison.

In 2018, the Federal Farm Bill was passed and lifted a ban on hemp production, removing it from the Controlled Substances Act. This effectively cleared the chamber for CBD oils derived from hemp to hit the marketplace. However, federal authorities were quick to point out that any CBD oil products marketed as therapeutic or added to food products were essentially the same as adding a prescription drug and will be regulated similarly.

Let’s take a look at three common misconceptions when it comes to CBD oil.

Misconception #1: CBD is legal in my state, so I have nothing to fear when carrying a firearm

Many people believe that if CBD oil is legal in their state, they have nothing to fear. Unfortunately, this is wrong. If you want to remain a legal gun owner, you should pause before you inhale or consume any product containing CBD oil.

If you’re using CBD oil as a treatment plan or have a medical marijuana prescription, you might inadvertently become classified as an unlawful user under federal law. If you are an unlawful user, you would no longer be legally eligible to purchase, own, possess, or transport firearms.

Not only that, but most states require that to be eligible for a handgun license or permit, you must not be prohibited from possessing a firearm under federal law. If you’re classified as an unlawful user under federal law, you could become ineligible, or worse yet, you could lose your state-issued handgun license or permit.

Misconception #2: All CBD Oil is created equally and legally

People mistakenly believe all CBD oil is created equally and legally. Unfortunately, CBD oil is produced by a wide range of different companies and some don’t mind bending the rules to move their products quickly. Often times, CBD oil users are surprised to discover their pain relief comes with an unintended ingredient; tetrahydrocannabinol or THC.

This ingredient is the psychoactive and intoxicating component found in marijuana and can cause everything from eating too many chips to failing a drug test at work. Not only could a CBD oil user be fired from their job for an honest mistake, but they could also be prosecuted.

Many jurisdictions treat THC-laced CBD oil as a controlled substance worthy of a felony charge, no matter how much or how little you may have in your possession when law enforcement discovers it.

Misconception #3: As long as I have my prescription, I can carry my CBD into any state

Many people believe if they have a valid prescription or license to smoke marijuana or CBD oil in their home state, they may legally transport their medicine to another state. This is not true and could land you in hot water in both federal and state court.

Just like handgun license reciprocity, you must follow the laws of the state you find yourself in. This means if marijuana or CBD oil is illegal in the state you’re visiting, you could find yourself in a jail cell for merely possessing either substance.

That’s why we recommend the best practice when considering whether to try CBD oil is to do your homework and research the laws of your state before obtaining CBD oil.

 

Emily Taylor is an attorney and partner with Walker & Taylor.

comments

  1. avatar I Haz A Question says:

    My stance (in case anyone cares, lol):

    Recreational THC is a problem, and I’m not in favor of it. I’ve seen what it does to people, and have disciplined/fired employees for showing up to work stoned. Saw a forklift driver put the forks through a wall. Watched a relative’s life go into a tailspin from drugs, a journey that began with smoking pot with buddies. Watched two more relatives travel that road all the way to the end until they died from overdoses. I have never, and will never, touch the stuff. It’s nicknamed “the Devil’s lettuce” for good reason.

    CBD is a different story, as it’s cultivated for medicinal purposes and from different botanical strains than the ‘THC’ stuff. If supervised by a physician, I have no problem with someone using CBD to treat certain ailments. After all, natural remedies are nearly always preferable to artificial pharma.

    But when it comes to guns, I don’t like the thought of any of it mixing together. Just as I partake of a good ale from time to time, I would never do so if I’ll be handling a gun. In fact, the very reason why I seldom drink, and never, ever have more than one is specifically because I want to always be in control of my faculties in the case of an emergency. If I train for the purpose of defending myself and my beloved wife in an unforeseen event, I’d be a fool to mess it up by allowing myself to become buzzed.

    My 2 cents.

    1. avatar former water walker says:

      “The devil’s lettuce”?!? LOL…I haven’t got high in nearly 40 years. I have old friend’s who legally own guns and I’m fairly certain still partake of the herb. They don’t broadcast it. As anyone who uses unregulated CBD oil should do. I have a feeling the incoming Dim’s will selectively target gun owner’s over any CBD use(I don’t use CBD). Lighten up HAZ…

    2. avatar Dude says:

      “have disciplined/fired employees for showing up to work stoned”

      Everyone I know that uses has at one point gone to work high or gotten high on the job. The only issue I’ve noticed is one guy that would slow down and get grumpy in the afternoon as he crashed. Outside of performance issues, my main problem is potential liability when something inevitably goes wrong even if unrelated to drug use and client relations if they see or suspect an employee is high. That’s why we have drug tests. Maybe you’re responsible enough to only do that at home, but I’d rather not worry about it as an employer.

      When jobs were being added like crazy in my area over the past couple of years, employers were having a hard time finding people to work. The reason: people couldn’t pass the drug tests.

      1. avatar Mike Darr says:

        Recreational THC is not a problem. Especially compared to alcohol. How many lives have been lost with recreational alcohol? Nobody in history has died much less overdosed from marijuana. NOBODY!

        CBD is not cultivated. It is derived. It is derived from either hemp or cannabis.

        I do agree not mixing any of the above with guns. Anything that alters the mind should not be mixed with a firearm.

        1. avatar Montana Actual says:

          nobody has died?

          I know for a fact that’s not true. Sure, overdoses are not likely, but I know 3 people who died in a car crash smoking out their car on the highway. So there ya go, marijuana was involved.

    3. avatar enuf says:

      There’s only one sentence in that which I’d disagree with and it is so minor I’ll not say any more about it.

      Very much agree, good ideas in the above. It’s a damned shame that a useful medicine is being both hijacked by recreational users and demonized by Federal laws stuck in the outlook of “Reefer Madness”. CBD oil or any other extract of the plant with a demonstrable medicinal value should be protected by law, not attacked by law.

      And nobody should be touching guns when under the influence of anything that interferes with reactions or judgment.

      1. avatar enuf says:

        I want to vote for Joe and Toe again, so they can bring on the gun control.

        Lincoln project too! I gave them money.

        There has to be some upside to selling your soul for hate, right?

        1. avatar The Crimson Pirate says:

          You would be the authority on that one.

      2. avatar Montana Actual says:

        you are on the side of people who would make buying a beer illegal if they simply owned a gun if they could get away with it.

        Shut the hell up.

    4. avatar arc - the annoying one. says:

      How about we let adults make adult decisions about their own bodies, mmkay? I’m voting for a democrat for Lt Gov in Texas when the position is up for grabs because the current Lt.Gov Dan Patrick, thinks Texans are all a bunch of children and he alone knows what’s best for all of us. Well, I know what’s best for him, replacement.

      My generation and the generations coming up are fed up with the asinine war on drugs and all of the problems it causes. The drug war has done more damage to America and to liberty than some pot leaves ever could have done. I don’t give two hoots if someone wants to smoke weed, get drunk, or short a line of coke off a fine piece of ass, just don’t show up to work while high.

      Military gets a pass. Plenty of people drew weapons from the armory while drunk or hung over, even I stood guard with live ammo in Japan after having some beers.

      Even I’ve been affected by the drug war when two plain clothed cops got the wrong house.

      Republicans need to get on board with legalization or they will lose elections over it. I look at Republicans AND Democrats every election cycle to see which ones are the most pro-liberty, and pro-constitution. It’s ridiculous that my choices for senate were a communist or China owned John Cornyn. I should have just written in Duke Nukem or Doom Marine or some such, rather than holding my nose and checking the bubble for him, he wasn’t even worth the vote.

      I’m tired of the lesser of two evils and just want a government that leaves me the hell alone.

      1. avatar Montana Actual says:

        the problem that exists is something you mentioned in your own comment… showing up to work high. Not everyone gives off a clear “drunk” vibe, and even alcoholics learn to hide it very well sometimes. There simply does not exist a way to tell or prevent it without invading the privacy of everyone, every day. So lets just keep the drugs out of it, hell, that means alcohol and tobacco too. If you never knew about them, you wouldn’t need them, would you? This whole notion about “what I put in my body is none of your business” is true to an extent beyond drugs that alter everything. Why do we need them? This is not like a gun argument, where we can say they are beneficial, because recreational substance abuse is not, not even a little. CBD is one thing, when prescribed by an ACTUAL doctor… but how many do it? there are other options for a reason. I wish I could side with you and just say “whatever” but drugs and substance abuse is a mental deficiency and should be treated as a mental disorder. It’s simply because they tell us “no” that makes us want to consume a beer with dinner. There is no answer to the “war on drugs” without either having a shithole like portland make heroin legal or making everything illegal. Raising awareness does nothing. Being straight edge simply just isn’t cool for freedom.

  2. avatar Rand says:

    I am curious. In what scenario would law enforcement come to know that a certain person is using CBD and then file a case to take action to take their guns? This subject has been hyped by numerous law firms in what seems to be to raise LEO awareness to generate defense cases for profit. Having been in an LEO family for 65 years. I just can’t see it happening.

    An officer would write a case and send it to a prosecutor. The prosecutor would say it is too iffy to take to court because if we lose it sets a precedent that can’t be overcome for a case that might come up in the future were we can get a lifetime banishment on a real criminal when combined with other charges. The officer feels defeated and all of his buddies learned to not waste their time. It gets further publicized in the LEO community and nationwide it is dead.

    Cops have a lot more on their plate and value their time more than messing with law abiding people trying to simply mitigate their pain and suffering.

    People won’t have to worry about it much longer anyway. Pot will be removed from Schedule 1 in the next year so Biden and start showing he delivers. The states are legalizing it one by one anyway and the majority is coming together soon.

    1. avatar Tom in Oregon says:

      Bingo!
      We have a winner. This explains it all in a nutshell.

      Couldn’t have said it better.

    2. avatar Chris T in KY says:

      Back when the democrats controlled the white house and the congress. And Obama who said he proudly smoked pot. They never supported legalization. But the potheads, who used projection, always said they would. Nothing will change. Especially since they voted for a cop to be the V.P.
      And she might become the president next year.

      1. avatar Dude says:

        It’s different now. It’s on track to be legalized, and it has nothing to do with criminal justice reform or more freedom or helping people in pain. Lobbyists are behind the effort now. It’s all about the money. Profits for big business and tax money for the pols to waste. Democrats love it because they never met a tax they don’t like, and they’re in bed with big business these days. Virginia will be the next state.

    3. avatar Geoff "I'm getting too old for this shit" PR says:

      “I am curious. In what scenario would law enforcement come to know that a certain person is using CBD and then file a case to take action to take their guns?”

      A toxicology ‘screen’ is not an uncommon part of a law enforcement investigation to determine if impairment may have been a factor in an incident…

      1. avatar Chris T in KY says:

        Like many criminals who are very stupid. There are CBD users who like to boast about what they do on social media. It’s how the cops catch people all the time. We have discussed this on TTAG. Since robbers like to show off what they have done on World Star Hip Hop.

      2. avatar JG says:

        If you are involved in a self-defense shooting and screen positive for CBD, with or without THC, it will be used against you. Even if you “win” you still lose time, money, attorney fees, reputation, etc.

    4. avatar Wiregrass says:

      Yes, didn’t this same article or one similar to it run here a couple of months ago?

      1. avatar arc - the annoying one says:

        Possibly, articles tend to get recycled for new readers on a lot of sites.

  3. avatar Seriously? says:

    I just don’t care anymore. I believe in states rights, I follow enough laws already.

    The feds don’t know what is best for us. THC and firearms at this point is the same as thumbing your nose at 922r.

    CBD has no paper trail and the good stuff does not show on a drug test.

    The left makes it a habit of violating more serious laws without being charged. Yet we have to worry about being made an example of over pot and the 2nd Amendment. It makes me sick.

    1. avatar Geoff "I'm getting too old for this shit" PR says:

      “CBD has no paper trail and the good stuff does not show on a drug test.”

      You just demonstrated that you know *nothing* about chemical assays, and how they work. You cannot hide or ‘mask’ a gas chromograph peak. If it’s there, it will show it, in all its glory…

      1. avatar Anymouse says:

        No, the quality CBD is tested to ensure it doesn’t have THC, so there nothing to hide on a gas chronograph. Idiots and fly-by-night suppliers won’t be careful on hemp selection and testing, and their products will contain THC.

        1. avatar Geoff "I'm getting too old for this shit" PR says:

          Wrong, if you test positive for CDB or THC, the charge will be the same…

  4. avatar tsbhoa.p.jr says:

    anal(gesic) effects only; no psychoactive properties. not a fan of chronic pain but, boooring.
    legally this needs to be addressed, it’s like losing your rights for baby aspirin use.
    as for that “nobody should” crap, stop yourself. you barely know what you should be doing. i say brompton cocktails for everyone.

    1. avatar Geoff "I'm getting too old for this shit" PR says:

      ” i say brompton cocktails for everyone.”

      Now, that’s the *good* stuff, for chronic pain, years back. Someone I knew years back dying of cancer had that.

      Pray you never get a taste of chronic pain. You will do anything to make it stop. You cannot function. Real sleep is impossible, all you get are very short naps, here and there. It psychologically crushes your spirit.

      It’s a definition of “Living Hell”…

      1. avatar daveinwyo says:

        It is.
        And the drugs you get, if used correctly, leave you in some pain.
        If you feel no pain, you are addicted and need help.
        Managing pain is not stopping pain.
        It just getting to a tolerable level of pain.
        That’s also why oxycontin was abused. It was a time release drug and used as prescribed did not ease pain in a timely manner, so, pop, there goes another, etc.

  5. avatar Prndll says:

    As a former smoker…
    Cigarettes have been stigmatized to the point of nearly being outlawed. Certainly overtaxed.

    Meanwhile, weed gets treated as if it’s perfectly ok and normal. Not a care in the world. Like it’s perfectly legal when it isn’t.

    Yeah there is states rights. But sooner or later someone will start enforcing federal law. Just like the ideas of Biden being elected president by the AP, there is such misunderstanding of the whole thing. The same thing happens with guns, healthcare, and taxes.

    1. avatar GS650G says:

      Toking is considered a healthy act now. Remember when cigarettes were consider healthy too?

      1. avatar Montana Actual says:

        same as vaping is “healthier” than smoking cigs.

        Idiots.

  6. avatar Chris T in KY says:

    If pot smokers could be as responsible as alcohol drinkers I wouldn’t be bothered with them as much. Drinking and driving has a stigma. And we have far fewer DUI accidents than we did when I was kid back in the 1970s. But smoking pot and driving is supported by the legalization crowd. They are dishonest people. When it comes to getting high and operating machinery. A deadly combination.

    Everyone has a right to Arms. But you don’t have a right to, bear arms, while you’re intoxicated, on anything. There is plenty of video on youtube of criminals who are intoxicated breaking the laws. Stealing, robbing, raping, murdering, etc, etc.

    Don’t do stupid things. And you won’t win stupid prizes.

    And as far as medical pot users go. Follow the directions that say “don’t operate machinery when using this medication”.
    But if you insist on getting high and bearing arms. You are still responsible for your bullets leaving your gun. I think you will get extra time in prison, for shooting the wrong person. Because you missed your intended target. Same at home. When you are high and hallucinate, and then shoot thru walls into the house next door.

    1. avatar W in TX says:

      over 1 million drunk driving arrests in the United States every year. That doesn’t cover the number of domestic violence arrests that are alcohol fueled, much less fights in bars, at parties, or other things done under the influence of alcohol that harm others. So if pot smokers are as responsible as drinkers will it become normal for them to get drunk come home and beat their wife in the name of responsibility? After more than a decade as a first responder I have yet to make a single call about weed that can even compare to alcohol. The feds need to get the fuck out of our lives and the states can charge us when our actions harm others, not for simple use or possession. Guns don’t kill people, people kill people. I don’t care if you crash from eating and driving, being drunk, or sending a text message, all cases are a result of being irresponsible.

      1. avatar TheBSonTTAG says:

        Ah….the precrime crowd. 1984 just the version you Republicans like. We are already on the way to making thought crimes DWI and similar laws are just the beginning of this. Because you might hurt someone if you drive drunk. Well if you have improper thoughts you might hurt someone too. Amazing how many of you support this nonsense. If your worried about safety either move to another country or stay home. Freedom does not equal safety.

        1. avatar Chris T in KY says:

          You are talking like Antifa or Black Lives matter.

        2. avatar Montana Actual says:

          yea no shit, but maybe take your own advice. YOu are more than likely still alive today because of “civilized society” and it’s “limited freedoms”. So how about you stop comparing idiots driving drunk and putting people’s lives at risk with the second amendment.. or, take your own advice and move to a tribal country where “freedom” as you think it exists, lets you do what you want. Is there such a thing? Oh, that’s right… nope.

          Fucken libertarians.

    2. avatar Red in CO says:

      Pot smokers, by and large, are just as responsible as those who drink. Clearly you choose not to be around it or around people who partake (which I’m not criticizing by any means; freedom of association is a fundamental human right), which means you o it hear about the handful of assholes who abuse it. If you never drank and never saw anyone drink you’d only hear about fatal DUIs where a child is left an orphan and you’d conclude that drinkers as a group are terribly dangerous and irresponsible. I personally don’t partake of the herb, but many in my social circle do and you’d never know it. They work hard, pay their taxes, own homes, shoot and carry guns, and overall have their lives together

  7. avatar Ted Unlis says:

    So what ever became of that hemp head Robert Farago? Remember him? For those who don’t, Farago is the weed toking cop hating Austinite [email protected]$$ who formally operated TTAG. Farago let the cat out of the bag that he was a chronic consumer of cannabis when he announced right here on TTAG that he was launching a TTAG sister site that was devoted 100% as a news aggregator for all things marijuana. Obviously Farago must have been WAY stoned when he did this because it never dawned on his [email protected]$$ that a confessed stoner cannot possess firearms let alone operate a gun blog that necessarily requires firearm possession and firearm TRANSFERS. Not sure if Farago’s idiotic attempt to publicly embrace and participate in the firearms and marijuana industry is why he divested all interest in TTAG or if that divestment was compulsory or voluntary. Either way, TTAG is 10 times better since Farago’s stoner [email protected]$$ departed!

    1. avatar Geoff "I'm getting too old for this shit" PR says:

      “TTAG is 10 times better since Farago’s stoner [email protected]$$ departed!”

      Nah, he kept the troll population at a minimum with judicious use of *FLAME DELETED* … 😉

      1. avatar Ted Unlis says:

        I’m guessing your definition of a troll is anyone who took issue with Farago’s frequent anti law enforcement articles that he so loved to toss like red meat to an insignificant minority of cop haters that he attracted to TTAG. Interestingly, TTAG anti law enforcement articles have trailed off to almost nothing since Farago’s departure. Yep, TTAG is 10 times better without the influence of the [email protected]$$ and habitual marijuana user Robert Farago.

        1. avatar jwtaylor says:

          You’re lying trash.
          Farago wasn’t a “habitual marijuana user.”
          He said explicitly that he did not partake out of a fear that he would lose the ability to exercise his right to own firearms.
          He started that site to make money. Just like he did with his other sites.

        2. avatar Ted Unlis says:

          Bull$#it! Farago denied being a dope smoker AFTER alluding to being exactly that in his incredibly stupid mjnewsfeed.com announcement he posted on TTAG in Oct 2015. Here’s the October 2015 TTAG article that was hastily deleted soon after it was posted.

          “Housekeeping: The TTAG Team Creates Marijuana Website”

          “The people who bring you The Truth About Guns have launched a new website dedicated to marijuana news: mjnewsfeed.com It’s not a blog. It’s a news aggregator – with a difference. The software contains a proprietary algorithm (thank you, Nick) that automatically personalizes the content you see based on your reading preferences. (Provided you sign in with a Facebook account. If not, the site remains anonymous.) Click on the leaf to see a blurb, then decide whether or not you want to eat some more chocolate chip cookies. I mean, read the full story. Better yet, mjnewsfeed.com’s curated. In other words . . . Our marijuana guy scans the web and selects the freshest crop of weed news for pot-oriented surfers (are there any other kind?). He also provides an editor’s note: a summary so you can decide whether or not to click through to the story. Note: unlike other aggregators, mjnewsfeed.com doesn’t strip-off advertising from the linked story. We think that’s unfair.Not to put too fine a point on it, mjnewsfeed.com is like the Drudge Report. Except personalized just for you. And about pot. We’d appreciate it if you could check it out and email a link.”

          Only a stoner could come up with that $#it.

        3. avatar jwtaylor says:

          You’re too stupid to understand that you just proved my point.
          Wait, are you high right now?

        4. avatar Ted Unlis says:

          Keep digging [email protected]$$

  8. avatar Sam I Am says:

    Caveat Emptor.

    Our opinions account for nothing at trial. (And probably not at election time, either)

    Probability of detection of use, under any circumstance? You are responsible for your actions.
    Probability of arrest for use? You are responsible for your actions.
    Probability of prosecution for use, under any circumstance? You are responsible for your actions.
    Probability of losing right to purchase/possess firearms? You are responsible for your actions.

    If things go bad for you, remember that you made the decision; whining not tolerated.

  9. avatar Ralph says:

    I tried CBD oil and it didn’t work very well. From now on, I’m staying with Hoppes.

    1. avatar Chris T in KY says:

      (smile)

  10. avatar Richard B Jones says:

    CBD is not approved for sale by the FDA for use as a food supplement or medicine. Salves, tinctures, creams, and other topicals are legal as long as no medical benefits are claimed. Both CBD and THC have been made into a couple of legal medicines for specific conditions and are available by prescription. However, CBD and THC in general, especially if consumed or inhaled as marijuana, have no proven medical benefits. Law enforcement nor employers “test” for CBD. Possession and use of CBD is not illegal but production and sale may be. CBD as a natural component of Cannabis can be bought as a part of state-legal Cannabis sales. Remember, Cannabis itself is illegal under federal law regardless of state laws. CBD has no proven benefits and few harmful effects and does not have any psychotropic effects. Basically, it’s a waste of money but not significantly harmful. So called CBD prosecutions are not for CBD but the CBD product involved having THC. CBD by itself is neither addictive nor ilegal and does not impact Firearms possession. “hemp seed oil” contains no CBD nor THC and is a legal food product.

  11. avatar Ralph says:

    “Marijuana and Gun Rights Don’t Mix, But What About CBD Oil?”

    Nope, marijuana and CBD oil don’t mix either. For one thing, how would you keep it lit?

  12. avatar Red in CO says:

    The comments that always arise here on such matters prove that the left doesn’t hold a monopoly on cognitive dissonance.

    The left on guns:

    They should be outlawed because if someone has a gun in their own home they *could* use it to case problems for others.

    The right on guns:

    The government has no right to tell me what I should be able to own, and it’s only a problem when an act is committed that actually has a victim, so punish that instead. Plus, people gun laws don’t prevent anyone from acquiring weapons.

    The right on pot legalization:

    It should stay outlawed because if someone smokes weed in their they *could* end up causing problems for others if they make a bad decision while using it.

    The left on pot legalization:

    The government has no right to tell me what I should be able to consume on my own time, and it’s only a problem when an act is committed that actually has a victim, so punish that instead. Plus, drug laws don’t prevent anyone from acquiring drugs.

    Do y’all see the problem here? Now, there’s certainly a much stronger collective benefit argument that can be made for the proliferation of privately owned firearms than can be made for pot legalization, but as the saying goes, self defense is a fundamental right subject to neither to the democratic process nor arguments grounded in social utility.

    1. avatar Chris T in KY says:

      “The right on pot legalization:”

      “It should stay outlawed because if someone smokes weed in their they *could* end up causing problems for others if they make a bad decision while using it.”

      You are projecting. The problem I as a “right-winger” have with potheads is that they don’t believe in personal responsibility. They don’t want to make it legal to be able to shoot drug users, dead on site, when they steal, rob, rape, murder, break into or vandalize private property.

      The murderer of Chris Kyle, the American sniper, said he smoked pot starting at 16 with his father. His father confirmed this. He said in court it was the pot that made him commit murder. He said it impaired his judgement.

      And the legalization crowd heads started to explode at Reason a magazine. Because they say you can’t be impaired with pot.

  13. avatar Jeff says:

    Anybody else notice that this article is a rerun?

  14. avatar Sam I Am says:

    “The comments that always arise here on such matters prove that the left doesn’t hold a monopoly on cognitive dissonance.”

    The federal government has zero constitutional authority to regulate food and drugs. Proof? 18th Amendment. In order for the federal government to have power to protect the public from itself, make illegal the traffic in acholholic beverages, the people determined, through their elected representives, to grant such authority, via the amendment process. Then, with the 21st Amendment, the people stripped the federal government of that power. Point? The people and the federal government knew and understood that making onself an alcoholic, or a drunk, was a power/right retained, but not enumerated, by the people and the states.

    No amendment granting regulatory power over food and drugs has ever been ratified. The national legislature simply usurped the power of regulation via common legislation in Congress.

    The Nanny State did not arise only since 1990. Subversion of the constitution is a long honored and revered practice, meekly accepted by a population more interested in immediate comfort than in exercising their responsibility to control government.

    1. avatar Anymouse says:

      Food and drugs can be regulated under the Constitutional power of interstate commerce (Article I, Section 8). Unfortunately, Wickard v. Filburn improperly extended interstate commerce to mean intrastate commerce and production for personal use because it “affected” interstate commerce by its non-participation..

  15. avatar Sam I Am says:

    “Anybody else notice that this article is a rerun?”

    The readership is not static, and permanent. Much “old news” is actually news to new gun owners who stumble upon this forum.

    1. avatar former water walker says:

      Yep…and why bring up Farago Ted Unlis??? HIS blog isn’t better or worse. Except trolls are out of control. Hey I get deleted for the most trivial chit imaginable. Still here going on 7 years.

  16. avatar TheBSonTTAG says:

    This is dumb, this nation was founded on freedom. Specifically freedom of choice all drugs should be legalized. The founders of this country are rolling over in their graves over this stupidity.

    1. avatar Chris T in KY says:

      The country was also founded on personal responsibility. Something that potheads don’t support.

      1. avatar some_guy says:

        Some of us do support the 2nd Amendment. Probably more than even you do.

        1. avatar Chris T in KY says:

          Pot heads have a history of voting for candidates who are pro legalization while at the same time are anti-gun. I however don’t have that voting history.

          But it was the potheads who said way back in the1970s,

          “If we can just make pot legal. There will be no need for the black drug dealers to have guns”.

          “And the world be be a much safer place with fewer guns”

          Making drugs legal has never reduced violence. It doesn’t change the moral stance of murderous drug dealers. They will never put down their guns. They will never give up the power that flows out the end of a gun barrel.

          Like most potheads you are delusional.

  17. avatar Bemused Berserker says:

    Whether you or your State agrees with Cannabis use or not, is a moot point really. As long as it remains on the Federal Registery as a Schedule 1 Controlled Substance, its use is prohibited. That’s Ms. Taylor’s point. The ATF has already changed form 4473 to reflect the Federal viewpoint which is, if you are a Cannabis user, regardless of your State’s Laws, you’re prohibited from purchasing a gun. The ATF has instructed FFL holders to deny the purchase without entering your data into system.
    There may come a time when your use is entered into a database (I suspect it already is at the State level), and that database becomes part and parcel of the background check system. If it does, lying on the form may see you charged with a felony.

  18. avatar Sam I AM says:

    “Food and drugs can be regulated under the Constitutional power of interstate commerce…”

    If one reads and understands the trepidation surrounding that clause at the convention, it is obvious that such stretching was greatly feared by the founders. Indeed, it was clear that the entire constitution could be nullified via the Commerce Clause. The founders were clearly on a literal horns of a delimma. The need to prevent individual states from conducting economic war against other states required the federal government to regulate certain matters of interstate commerce. However, no strict constitutionalist, originalist, can find any real justification for using the Commerce Clause to allow the federal government to intrude via the clause in a manner that affords a workaround to the amendment process.

    The corrupting legal case you cite is a perfect example of government loosing its bonds that troubled the founders, regarding the Commerce Clause. Although no one has yet displayed the proper dimension of gonads, the commerce clause permits government regulation of everything in your life; everything. Its vanguard is called “compelling government interest”. Its current messenger is the assault of governor-in-command dictates predicated on a health crisis imperiling public safety. The boldest dictate comes in the form of executive orders requiring people to behave in a mandated behavior inside their own homes, at risk of police retaliation for violations.

  19. avatar Akan says:

    Check BEFORE, AFTER is to late. For myself, I prefer Scotch before dinner, red wine with dinner, and strongly brewed coffee after dinner. Booze is brought out after firearms are put away.

  20. avatar Chris T in KY says:

    Potheads have never supported the 2A. And I doubt they have ever supported the rest of the Bill of Rights. They are socialist progressive in their political orientation. I know some of you know these people. So ask them.

    “Meet the Men Marijuana Made Into Millionaires and Billionaires”
    https://www.bloomberg.com/news/articles/2018-09-20/meet-the-men-marijuana-made-into-millionaires-and-billionaires

    Why don’t they give $$$ to support gun civil rights?
    Answer, because they don’t believe in the right to keep and bar arms.

    As I’ve said before. The rich, criminal or law abiding. Will always have guns.

  21. avatar Chris T in KY says:

    edit
    Answer, because they don’t believe in the right to keep and bear arms.

    As I’ve said before. The rich, criminal or law abiding. They will always have guns. The government can’t ever make thru regulation, to expensive for the rich.

  22. avatar some_guy says:

    How about legalize pot and eliminate the NFA/4473s? Problem solved. If more people were libertarians, we wouldn’t have this problem.

  23. avatar DeloisBLuken says:

    People mistakenly believe all CBD oil is created equally and legally. Unfortunately, CBD oil is produced by a wide range of different companies and some don’t mind bending the rules to move their products quickly. Often times, CBD oil users are surprised to discover their pain relief comes with an unintended ingredient; tetrahydrocannabinol or THC.

     v88.ca/3f5h 

  24. avatar Sam I Am says:

    “He started that site to make money. ”

    Make money?

    Oh, how base.
    Oh, how crass.
    Oh, how merchantile.
    Oh, how self-centered.
    Oh, how un-philanthropical.
    Oh, how unwoke.
    Oh, how uncaring.
    Oh, how privileged.
    Oh, how deplorable.

    Oh, how wonderful !!

  25. avatar Sam I Am says:

    “Only a stoner could come up with that $#it.”

    1. Farago did not say he was a user.
    2. The goal of an entrapenuer is to make money.
    3. Oncologists make a lot of money off cancer, even if they never contract the disease.
    4. A non-stoner can gladly make money off people stoned enough to pay for what they could find themselves on the internet, and should.

    1. avatar Ted Unlis says:

      Below is the [email protected]$$ October 2015 announcement by Robert Farago that quickly vanished from TTAG, likely after co-workers and/or attorneys informed Farago that it amounted to a tacit admission of cannabis consumption and that after reading it no firearms dealer or distributor would transfer firearms to anyone at TTAG affiliated with the marijuana industry.

      “http://www.thetruthaboutguns.com/2015/10/robert-farago/housekeeping-the-ttag-team-creates-marijuana-website/“

      “Housekeeping: The TTAG Team Creates Marijuana Website”

      “The people who bring you The Truth About Guns have launched a new website dedicated to marijuana news: mjnewsfeed.com It’s not a blog. It’s a news aggregator – with a difference. The software contains a proprietary algorithm (thank you, Nick) that automatically personalizes the content you see based on your reading preferences. (Provided you sign in with a Facebook account. If not, the site remains anonymous.) Click on the leaf to see a blurb, then decide whether or not you want to eat some more chocolate chip cookies. I mean, read the full story. Better yet, mjnewsfeed.com’s curated. In other words . . . Our marijuana guy scans the web and selects the freshest crop of weed news for pot-oriented surfers (are there any other kind?). He also provides an editor’s note: a summary so you can decide whether or not to click through to the story. Note: unlike other aggregators, mjnewsfeed.com doesn’t strip-off advertising from the linked story. We think that’s unfair. Not to put too fine a point on it, mjnewsfeed.com is like the Drudge Report. Except personalized just for you. And about pot. We’d appreciate it if you could check it out and email a link.”

  26. avatar Ben says:

    CBD products containing .3% or lower are legal both federally and in my state. Legally its about the same as cigarettes at this point. I also imagine its really bothering big pharma. No threat to my gun rights.

    1. avatar Richard B Jones says:

      CBD products are not all “legal.” There is no such thing as a 0.3% limit of CBD. First, CBD is a chemical component of cannabis. Cannabis (marijuana) is federally illegal as a scheduled drug in all states. Hemp is Cannabis with no more than .3% THC. Any products made from hemp, such as CBD, will contain less than 0.3% THC. CBD can be made from cannabis (marijuana) with the THC removed or below 0.3% THC. CBD is not an illegal scheduled drug so possession or use of CBD is not illegal. That doesn’t mean it’s completely legal. Since CBD has not been approved by the FDA as a food supplement or medicine it cannot be legally sold for those purposes in any state. CBD used as a topical ointment is not regulated by the FDA and can be sold as long as no health claims are made. There are some legal, FDA approved medicines made using CBD that can be prescribed by a doctor.

  27. avatar MikeD says:

    It has in Amsterdam.

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