United States: medical cannabis cardholders banned from selling weapons

Although carrying weapons While it may not be deeply rooted in our European culture, if there’s one thing people across the Atlantic don’t take lightly, it’s the Second Amendment. Medical patients treated with cannabis are being deprived here of one of the fundamental rights guaranteed by the U.S. Constitution.

The federal government's ban on sell weapons to holders of medical cannabis cards does not, in fact, violate the Second Amendment (the one that authorizes the carrying of firearms in the United States), according to a federal court ruling.

The ruling by the U.S. Court of Appeals for the 9th Circuit now applies to the nine states in the western United States that fall under its jurisdiction, including California, Washington, and Oregon.

The origins of the lawsuit date back to 2011, when S. Rowan Wilson, a young woman from Nevada, found herself refuse to sell a firearm for self-defense, after obtaining his medical cannabis card. The gun store refused, citing federal law that prohibits the sale of firearms to users of illegal drugs.

And that's exactly the problem. The Cannabis is still illegal under federal law, and the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives has informed gun sellers that they may assume that a person with a medical prescription for cannabis is permitted to use it.

The Court of Appeals agreed with Congress, which had concluded that the use of cannabis and other drugs «increases the risk of irrational and unpredictable behavior that should not be associated with the use of a firearm.».

The plaintiff’s attorney plans to appeal, calling for more consistency in the application of the Second Amendment: «We live in a world where a prescription for cannabis prevents you from buying a gun, but if you’re on the no-fly »list, your constitutional rights continue to be protected.".

Paul Armentano, spokesperson for the organization NORML (National Organization for the Reform of Marijuana Laws), stated that the notion that cannabis users are more prone to violence is a misconception. «Responsible adults who use cannabis in a manner consistent with their state’s laws should enjoy the same rights and legal protections as other citizens.».