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President Joe Biden, who recently issued a mass pardon for low-level marijuana offenders, says cannabis consumption should not be treated as a crime. His administration nevertheless defends the federal ban on gun possession by marijuana users, arguing that Second Amendment rights are limited to “law-abiding citizens.”

Last week, a federal judge agreed, dismissing a challenge to that rule by medical marijuana patients in Florida. The reasoning underlying that decision shows that the constitutional right to armed self-defense, which the Supreme Court has repeatedly upheld, is still subject to legislators’ arbitrary whims and irrational prejudices.

Florida is one of 37 states that allow medical use of marijuana, most of which also have legalized recreational use—a policy supported by two-thirds of Americans. Under federal law, by contrast, marijuana remains illegal for all purposes except government-approved research, and simple possession is punishable by a fine of $1,000 or more and up to a year in jail.

For marijuana users who own guns, the potential penalties are much more severe. They include up to 15 years in prison for illegal firearm possession, up to 15 years for “trafficking in firearms” by obtaining a gun, and up to 10 years for failing to report cannabis consumption on the form required for gun purchases from federally licensed dealers.

The plaintiffs in the Florida lawsuit included Nikki Fried, a Democrat who runs the state’s Department of Agriculture and Consumer Services; two patients who participate in Florida’s medical marijuana program; and a gun owner who says he would like to do so but does not want to surrender his right to arms. They argued that the ban on gun possession by cannabis consumers violates the Second Amendment.

— Jacob Sullum in A Judge Accepts the Biden Administration’s Dubious Argument for Banning Gun Possession by Marijuana Users

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  1. “His administration nevertheless defends the federal ban on gun possession by marijuana users, arguing that Second Amendment rights are limited to “law-abiding citizens.”


    The Biden administration is ACTUALLY “arguing that Second Amendment rights are limited to ‘law-abiding citizens.’ ” ?

    If the Biden administration is ACTUALLY arguing that then why is Biden trying to remove Second Amendment rights exercise from law-abiding citizens who are not users of marijuana?

    • Answer; Such is the foolishness of corrupt and confused bastards that act as a front for an equally corrupted communist and their man-wife in their unofficial third term.

    • Slow Joe is a senile ranting dementia patient who happens to be president. Get yer weed off the street like a real doper & don’t involve .gov. Don’t look for guidance from Dims🙄

  2. Bare Shelf Biden needs to clean his own house first starting with the family 4473(s). WE THE PEOPLE need to finally get ALL the outlawing of marijuana on the next ballot and put this to rest once and for all. This nonsense has gone on far too long and at too great a national and personal expense. This no longer needs to be a campaign platform issue for corrupt politicians to win or lose their elections at everybody else’s expense.

  3. More of, we’ll do it because we can, what are you going to do about it!
    All the while violating their oath of office and proving they have no respect
    for the Constitution and “we the people”.

  4. Just like everything else now law enforcement is a spectrum.
    Lean hard on things and people you don’t like and ignore completely people and things you do like.

    Maybe there’s some surgery or injections we can give it to bring that further end of the spectrum more in-line with expectations.

  5. Wasn’t Biden supposedly working to decriminalize weed? That seems to be a conflicting take on things, if it’s going to be legal why burden the ATF? If you bought that during the election you were a sucker.

  6. McCarthy officially launches bid for House speaker >

    link article excerpts…

    “Rep. Kevin McCarthy, the Republican leader in the House, officially jumped into the race for speaker even as some races have yet to be called and the battle for control of the House remains uncertain, according to CBS News estimates.”

    “McCarthy announced his bid for House speaker in a letter to his Republican colleagues Wednesday asking for their support. The California Republican pitched himself as a speaker who will be a “listener” and strive to “build consensus from the bottom-up rather than commanding the agenda from the top-down.”

    “We have ended one-party Democrat rule in Washington by effectively prosecuting the case against their failed policies while detailing our plan for a new direction with the Commitment to America,” McCarthy wrote. “Even so, I trust you know that earning the majority is only the beginning. Now, we will be measured by what we do with our majority. Now, the real work begins.”

    “The Republican leader pledged that if he is tapped as speaker, he will ‘immediately’ reopen the U.S. Capitol and end proxy voting, which allows absent members to select another lawmaker to cast votes for them, as well as ‘remote work schemes.’ McCarthy also vowed to charge House committees with drafting and marking up bills, while marshaling resources to allow the lower chamber to conduct oversight of the Biden administration.”

    • Never mind weed. Anyone dumb enough to vote for a democRat should not be anywhere around a firearm, you, your family or anything of value.

  7. “arbitrary whims and irrational prejudices”

    Marijuana has been a schedule 1 drug in this country for how long now? Dems hate guns (outside of anything they control). Of course they’re going to use every tool in the toolbox to make gun use illegal. There’s nothing arbitrary or irrational about it.

    • “Classic case of, “It’s not a bug, it’s a FEATURE!!”….”

      Exactly. 👍

      I have two sons in their 20s. Both have LTCs and own multiple firearms.
      Told them both to TOTALLY ignore the ‘legality’ angle, ONLY maintain focus on how the anti-gunners will eventually attempt to exclude 2A rights for recreational drug users.

      I feel for those who rushed out and got med marijuana cards and/or made ID required purchases at dispensaries. They added their names and personal info onto a prohibited posseser list.
      Truth bomb?……..bonus points to anyone who has regular purchase history, then lied on a 4473.

      Life is about choices, hope the high was worth it.

      Don’t hate the messanger, hate the message.

    • It probably wont play out against Bruen in the textual and historical context of Bruen so no analogs. But …. this decision was a means-end scrutiny type analysis which is forbidden by Bruen when applied to second amendment rights.

      Federally and technically, marijuana is still illegal in all 50 states because its the law of the land that, basically, marijuana use/possession/sale is illegal (under federal law). Its just that the federal government years ago came to an agreement with states that it would not pursue marijuana as a crime in a state if the state wanted to legalize its use/sale/possession in the state. That’s why its legal in states now, and not because its not actually against the law under the law of the land.

      The context here is basically these people are felony criminal type prohibited persons under federal law thus prohibited persons due to their medical marijuana use. But even though the federal government is using that context at the same time its the federal government that made it possible for states to decide if medical or recreational marijuana use was legal in the state and obviously in Florida medical use is legal. So its disingenuous for the federal government to be basically arguing these people are felony criminal type prohibited persons when these people are abiding by the laws of the state in which the federal government in effect makes marijuana use legal for these people.

      • “……..So its for the federal government to be basically arguing…….”

        Agree 💯%!

        Just one question……..
        What does being ‘Genuine’ have to do with grabbing guns and tyranny?

        Disingenuous is their ‘bread and butter’.

  8. Curious about how many felons in Chicago who have been caught with weed and a gun have been charged in their violation of mixing weed and guns. Or is that just for poor suckers who end up having to do 4473s?

    • No, that is typical federal law enforcement. They don’t go after criminals because criminals know how it works and get plea bargains rather than a fight. The low hanging fruit is honest people that just say “ok, I did it” and go straight to the clink. Fighting criminals takes thought and resources. Govt is lazy and a lot like electricity so it takes the easiest route.

  9. So, will the pro gunners get in bed with the legalize marijuana(federally)?
    How many will be Fudds and since they do not use it?
    It is against the law to operate motor vehicles on public property when impaired. I would imagine that most if all states have similar laws about carrying and using firearms. Isn’t that enough?

    • I know this seems shocking to some people, but there is no right to use weed. If weed enthusiasts want it legalized, then have at it. That isn’t a gun rights fight.

      • Yeah! We should ban meat, cheese, alcohol, and refined sugar, too. They’re not rights either. And they’re killing more people than anything else in this country.

        Just trying to illustrate how slippery you’re making that slope..

        • I don’t think those are good analogies for the weed legalization fight. It’s been a schedule 1 drug since before I was born. We know exactly how refined sugar and alcohol impact us. The weed enthusiasts need to get the government to allow extensive official studies on usage without it being illegal. The current hope is to legalize it based on anecdotal evidence. Trying to turn it into a 2A rights argument is kind of a joke.

      • I agree. It is however a tool to browbeat many gun owners into submission with. Particularly the newest owners. It is a consequence of states legalizing it without federal law following suit. The 4473 will have to be changed if the federal prohibition goes away. It’s a reason for the left to keep it as is. Otherwise that tool goes away.

  10. Selective enforcement is one of the most useful tools of any tyrant. This tool is available to any DA with an ax to grind or for piling on additional charges that they never actually intend to prosecute. When you include all the rules churned out by all the alphabet bunch there are millions of laws in this country, how many of them do we actually need?

  11. My view on marijuana is the same as my thoughts on alcohol.
    Zero tolerance for using and firearms. You can own, purchase, etc. as many firearms as you can afford. So long as you are sober, you can carry, hunt, or hang at the firing range. But, no mixing of gunpowder and alcohol. Save the beer, booze, or wine for after the firearms are put away. Same with marijuana. Save it for after the guns are cleaned and stored away.
    Firearms owners can purchase booze, and use as they choose. Should be the same for pot.
    Just not at the same time.

  12. I used to be pretty pro legal weed.
    Now that my state is surrounded by it I’m becoming more and more anti legal weed.
    Everyday I smell it coming from vehicles and as an MC rider intoxicated drivers really piss me off and everyday I smell it coming from people walking around. They absolutely reek.

    We wouldn’t tolerate drunks reeking of beer everywhere they go or driving around drunk but it seems like we’re all just supposed to be okay with stoned idiots driving around everywhere and wafting clouds of skunky ass stank everywhere they walk.

    They’re becoming a blight. It was bad enough knowing most of the people I interact with are idiots but now a growing number of people I interact with are high as well.

    If you’re going to waste your die being high or drunk just stay home. It’s safer for everybody and certainly less obnoxious. While you’re drunk or high at home play with a gun. Maybe a ND will take care of things.

    • Substance abuse is a symptom, not a cause. Much like the “gun violence” problem.

      Cultural rot can not be fixed with a pile of new laws.

  13. fyi
    From 2018.
    Thankyou to Sen McConnell and President Trump. I’m not a McConnell fan. But he did get this right. The national democrats are not pro pot legalization. In fact I hear more republicans pro pot legalization than democrats.

    “The U.S. cannabis industry entered a new era Wednesday as Congress approved a wide-ranging farm bill that will treat hemp like any other agricultural crop, rather than a quasi-controlled substance.”

  14. fyi

    Thankyou to Sen McConnell and President Trump. I’m not a McConnell fan. But he did get this right. The national democrats are not pro pot legalization. In fact I hear more republicans pro pot legalization than democrats.

    From 2018.

    “The U.S. cannabis industry entered a new era Wednesday as Congress approved a wide-ranging farm bill that will treat hemp like any other agricultural crop, rather than a quasi-controlled substance.”

    Obama did nothing but send more users to jail.

  15. Make it legal so I get to shoot dead on site drug users and Drug dealers who rob, rape, steal, murder, break into or vandalize private property, in the process of their “legal business”. Then I’m quite happy to make drugs legal.

    Also if you’re driving while intoxicated I want you arrested and sent to jail/ prison.

    The drug legalization crowd has never believed in personal responsibility and personal accountability. But they do believe that by making drugs legal all the crime will just go away. And they say there will be no need for drug dealers to have guns. Because like they said all the crime would just go away.

    And they say pot should be treated like tobacco. Taxed so that the government can make lots of money.

  16. Good. You SHOULD get what you vote for. You want a gun ban and you want to own a gun and you are a doper, bubba wants a new girlfriend. Win Win.

  17. This is hardly a surprising result. I’ve read the opinion and it does a pretty good job of applying Bruen.

    There is little question that there is, in fact, a history and tradition of disarming felons (i.e., adjudicated criminals) AND disarming people who are *currently* violating a criminal law (i.e., unadjudicated criminals). The Court thus held that because the firearms statute is worded in the present tense (i.e., are you currently violating the law?), disarming those who are currently engaged in criminal conduct accords with history and tradition.

    For better or worse, weed is still a Sch. 1 drug, and thus possession / use remains a criminal offense under federal law. (Whether simple possession / use can be criminalized by the feds historically would have raised constitutional issues for most of our history; for example, the original 1937 federal marijuana law was, like the NFA, structured as a tax because the constitutionality of a federal ban was suspect at best. However, since the infamous Wickard v. Filburn decision in the 1940’s, that issue is settled, unfortunately.)

    If this is going to change, then it’s up to Congress to either decriminalize / legalize small-scale weed possession under federal law OR change the federal gun laws to exempt small scale weed users from the cast of prohibited persons. I don’t see it happening judicially under the Bruen test.

  18. @Shire-Man & ChrisT:
    Thank you for your clarity.
    I have a different view…
    Most of my military duties were to be performed on-post, ie “Inside the wire”.
    Maybe 40% of my company, and most of my fellow soldiers, were Stoners. When I went to breakfast, they went out to smoke the first joint of the day. At night, I watched a movie, they smoked hashish from a bong. They were useless Shits, absorbed in their own manufactured reality, hating the Army and bathing their overwhelming fear with dope. Fear of being IN A BASE CAMP! I volunteered for anything that would get me OUTA THERE. It was a society gone bonkers. Guys died because of these turds being mentally AWOL.
    I now live near a university. Same type of miscarriage of Life. These people don’t meet the minimum level of competent function. Dangerous. One university kid rammed my car leaving campus. Totalled wife’s Volvo. Broke my face. Didn’t even say he was sorry. Criminal/Citizens are Reality Deniers. No Amnesty for stupid behavior.

  19. It’s a pretty simple argument. 1.) 2nd amendment does not say “law abiding citizen”. Felons who paid their time are then law abiding citizens, yet they don’t get a pass. 2.) Cannabis has been used as a medicine for thousands of years, including revolutionary times. There just is no historical precedent for limiting users (or any other substance including alcohol, which was also abundant during the 1700s) 2nd amendment rights. Cannabis wasn’t banned until the 1930s (and for bullshit reasons which are similar to the bullshit arguments they use against guns now, i.e. propaganda). I think the compromise would be that MEDICAL users should absolutely not be discriminated against (as long as they are not under the influence, which is totally logical). If it were made a schedule II drug with some special DEA licensing requirement (similar to state’s like Florida have for the medical marijuana course (which is a joke by the way)), then that would be the most logical and reasonable solution.

  20. With apologies to anyone who legitimately needs it for glaucoma or pain, I’d have a lot more tolerance for “medical marijuana” if it weren’t for the fact that most people I meet who say they are in favor of it seem to be pothead drug users.

  21. After being lucky enough to survive three major trauma incidents over a thirty year period (the last of which left me paraplegic from a spinal cord injury), being put into the position of having to face losing my Second Amendment rights for simply choosing medical marijuana instead of opioids for chronic pain relief is DISCRACEFUL.

    Just like the anti-2A crowd, the anti-cannabis crowd always focuses on the fractional minority of the population who commit crimes with the offending item- not the overwhelming majority of people who DO NOT commit crimes with said “evil” (fill in the blank) object.

    It’s always disappointing to see so-called “freedom lovers” who claim to support individual rights and personal responsibility jump on the irrational, emotionally-driven “ban” wagon that the Left gleefully uses to steamroll our natural human rights based on the erroneous logic of “if there’s ANY possibility of misuse- we CAN’T allow them to have it”.

    Just be smarter, folks. And beware anyone who affirms fearing your own freedom…

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