Gun Policy

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Biden DOJ Opposes Gun Rights for MedMJ Patients, MO Legal Pot Initiative Qualifies, More... (8/10/22)

A  Florida marijuana legalization initiative campaign aimed at 2024 gets underway, a Colorado natural psychedelic initiative comes up short, and more.

Marijuana testing is contributing to the truck driver shortage. (Creative Commons)
Report: Spike in Marijuana Positives Fueling Truck Driver Shortage, Supply Chain Disruptions. Amid chronic shortages of long-haul truck drivers, federal data from the Department of Transportation (DOT) shows that more than 10,000 truck drivers have been ordered off the road after testing positive for marijuana just between January 1 and April 1 of this year. That is a 33 percent increase over the same period in 2021. DOT's Federal Motor Carrier Safety Administration has also doubled the frequency of drug testing of truck drivers. Under federal law, CDL licensed drivers are not permitted to consume cannabis under any circumstances, regardless of whether marijuana use is legal where they live. Currently, more than 89,000 commercially licensed truck drivers are barred from the road because of positive drug tests; more than half of them are for people testing positive for marijuana.

Florida 2024 Marijuana Legalization Initiative Campaign Launched. A group calling itself Smart & Safe Florida filed a marijuana legalization initiative aimed at the 2024 ballot Monday. The campaign is initially being bankrolled by Trulieve, the state's largest medical marijuana provider. The measure would legalize the possession of up to an ounce by people 21 and over and allow existing medical marijuana retailers to sell to the recreational market, which would benefit Trulieve. It includes a provision that allows for—but does not require—the state to issue additional retail licenses. It does not include provisions for expungement, social equity, or home cultivation. The campaign will need to come up with roughly 900,000 valid voter signatures to qualify for the 2024 ballot. Previous initiative campaigns have been rejected by the state Supreme Court, but Smart & Safe Florida says its bare-bones initiative should be able to avoid or overcome legal challenges.

Missouri Marijuana Legalization Initiative Qualifies for November Ballot. A marijuana legalization initiative sponsored by Legal Missouri 2022 has qualified for the November ballot, Secretary of State Jay Ashcroft announced Tuesday. The initiative takes the form of a constitutional amendment that would remove bans on the possession, manufacturing, and sales of marijuana from the state constitution for people 21 and over. Building on an earlier medical marijuana constitutional amendment, the measure would also increase the number of retail sales licenses. It also includes a provision for the expungement of records.

Medical Marijuana

Biden DOJ Says Medical Marijuana Patients Too "Dangerous" to Own Guns. The Justice Department on Monday sought to persuade a federal court to overturn a policy blocking medical marijuana patients from buying or owning guns. The department was responding to a lawsuit filed by Florida Agriculture Commissioner Nikki Fried and several medical marijuana users that argues that the policy deprives patients of their 2nd Amendment rights. The Justice Department told the court that it would be too "dangerous to trust regular marijuana users to exercise sound judgment"around guns. The department also argued that gun rights are reserved for "law-abiding" people, noting that marijuana remains illegal under federal law. "This memorandum uses the phrase ‘medical marijuana’ for convenience, but Congress has found that marijuana ‘has no currently accepted medical use.'’

Psychedelics

Colorado Natural Psychedelic Decriminalization Initiative Falls Short on Signatures. Campaigners for Initiative 61, "Legal Possession and Use of Entheogenic Plants and Fungi," announced Monday that the measure would not qualify for the ballot. Monday was the last day to turn in signatures, and organizers said their all-volunteer signature-gathering campaign had come up short. Another psychedelic reform measure, Initiative 58, the "Natural Medicine Health Care Act," has already qualified for the November ballot. It would decriminalize the possession of psilocybin and allow for its use in state-regulated settings.

GOP Federal Marijuana Legalization Bill Coming, Mexico Blames US Guns for Bolstering Cartels, More... (11/8/21)

A Malaysian man set to be hanged in Singapore over 43 grams of heroin has won a temporary reprieve, our supply chain woes include 72,000 truckers felled by drug testing, and more.

Drug testing---especially for marijuana--is costing the economy tens of thousands fo truck drivers. (Creative Commons)
Marijuana Policy

Republican Federal Marijuana Legalization Bill Coming. US Rep. Nancy Mace (R-NC) has drafted a "compromise" marijuana legalization bill that aims for a happy middle between merely rescheduling marijuana, as proposed by some other Republican lawmakers, and the comprehensive bill that Democrats are championing. The proposed bill, known as the States Reform Act, now in preliminary draft form, would deschedule marijuana, impose a 3.75 percent excise tax on weed sales, limit the FDAs regulatory authority to medical marijuana, make the Treasury Department's Alcohol and Tobacco Tax and Trade Bureau the lead regulatory agency, and make certain marijuana convictions expungable. The bill has dim prospects in the current Democratically-controlled Congress, but could open the way for similar legislation if Republicans take control after next year's elections.

Drug Testing

Supply Chain Woes Include 72,000 Truckers Taken Off the Road by Failed Drug Tests, Mostly for Marijuana. The American Trucking Association says the industry has a driver shortfall of 80,000, which is contributing to the economy's supply chain woes, but at the same time, some 72,000 truckers have been forced off the roads in the past two years by tough federal drug testing restrictions. The Drug & Alcohol Clearinghouse, a registry designed to increase safety on the highways, went into effect in January 2020. "It’s a staggering number of drivers we have lost" because of the new drug-testing rules, said Jeremy Reymer, chief executive of industry recruiter DriverReach. The majority (56 percent were sidelined because of testing positive for marijuana. "There needs to be the ability to test for real-time impairment and not just recent or long-term past use of marijuana," said Scott Duvall, director of safety and compliance for TransForce Group, which runs truck driving schools and rents out drivers.

Foreign Policy

Mexico Calls on US Government, Courts for Help Stemming Flow of American Guns to Drug Cartels. Mexican officials say illegal guns are flowing into the country from the US and are contributing to rising homicide rates and empowering the drug cartels responsible for most of the killings. "We estimate that half a million weapons are trafficked from the U.S. to Mexico every year. The problem is that all this weaponry is getting to the criminal organizations, giving them very strong firepower to commit all kinds of crimes," said Mauricio Ibarra Ponce de Leon, Mexico’s consul general in El Paso. The Mexican government has now filed a lawsuit to try to block the flow. We have never meddled with the Second Amendment. This is not against the rights of the people of the United States to buy and own a gun," Ibarra said. "We (sued) gun manufacturers and distributors we believe are engaging in negligent commercial practices because they know the weaponry they produce is being trafficked to Mexico and is being used in criminal activity."

International

Singapore Temporarily Halts Execution of Malaysian Man Over 1 ½ Ounces of Heroin. Malaysian citizen Nagaenthran K.Dharmalingam, sentenced to death for smuggling 43 grams of heroin into the country, has won at least a temporary reprieve an international human rights campaign to spare the man, who supporters say is intellectually disabled. The execution is now halted until the constitutional appeal is heard on Tuesday, alongside a separate appeal for psychiatrists to assess Dharmalingam. If both appeals are unsuccessful, he will be hanged as scheduled on Wednesday.

CO Releases Annual Report on Marijuana Legalization, SC Governor Candidate Says Legalize It, More... (7/20/21)

A bill to protect the 2nd Amendment rights of state-legal marijuana users languishes in the House Judiciary Committee, South Carolina Democratic guberatorial candidate Joe Cunningham unveils a plan to legalize marijuana, and more.

The sky still hasn't fallen since Colorado legalized marijuana in 2012, the latest state report finds. (Creative Commons)
Marijuana Policy

GOP Congressman's Bill Would Protect State-Legal Marijuana Users' 2nd Amendment Rights. Rep. Don Young (R-AK) has this session filed a bill, HR 2830, aimed at protecting the gun rights of marijuana users in states where it is legal. The bill, also known as the Gun Rights and Marijuana (GRAM) Act, takes on the question on the Bureau of Alcohol, Tobacco and Firearms (ATF) firearms transaction record that asks: "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" The question also includes a warning which states "the use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medical or recreational purposes in the state where you reside." The bill would amend US code by adding "unlawful user of or addicted to any controlled substance" is not to include a person who uses state-legal marijuana. The bill was filed in late April and was referred to the House Judiciary Committee, where it has not moved.

Colorado Division of Criminal Justice Publishes Report on Impacts of Marijuana Legalization. The state Division of Criminal Justice's Office of Research and Statistics has published its latest legislatively-mandated "Impacts on Marijuana Legalization in Colorado" report, which presents data on marijuana-related topics including crime, impaired driving, hospitalizations, ER visits, usage rates, effects on youth, and more. Among other findings: Marijuana arrests have dropped by 68% since legalization, but Blacks remain twice as likely to be arrested on marijuana charges. Also, there have been increases in the prevalence of marijuana or marijuana in combination with other substances among drivers accused of DUI (but marijuana alone accounted for only 8.7% of all DUIs in 2020). There is a lot more in the report; click the link above to dive in.

South Carolina Democratic Gubernatorial Candidate Calls for Marijuana Legalization. Democratic Party gubernatorial contender Joe Cunningham has unveiled a proposal to legalize marijuana as part of his campaign to unseat Gov. Henry McMaster (R). The plan would legalize both medical and recreational marijuana for people 21 and over, raise revenues through taxation and regulation, and expunge records of prior marijuana offenses. "This will be a game changer in South Carolina," Cunningham said. "There are many reasons why you need to do this, but now is the time. This is what people want. If our politicians do not reflect the will of the people, we need to start with Governor McMaster and change politicians." The state has had Republican governors for decades and the legislature is controlled by Republicans. On marijuana policy, it is a laggard, having approved only one marijuana reform bill to allow for the use of low-THC CBD oils.

White House Removes Buprenorphine Restrictions, BC Formally Requests Drug Decrim, More... (4/27/21)

A new poll has record support for marijuana legalization in Pennsylvania, House Republicans file a bill to protect gun rights of state-legal marijuana users, House Democrats file a bill to end the lifetime ban on federal cash and food benefits for people with drug felonies, and more.

buprenorphine (Pixabay)
Marijuana Policy

House Republicans File Gun Rights Bill for Marijuana Users. A group of House Republicans have filed a bill, HR 2830, that would allow marijuana users to purchase guns in states where marijuana is legal. "There's no reason somebody who uses marijuana responsibly and legally should be barred from purchasing a firearm, we're past that," Guns Save Life Executive Director John Boch said."We shouldn't be removing the constitutional rights of people to keep and bear arms just because they're using a drug or recreational marijuana," he added.

Pennsylvania Poll Has Record Support for Marijuana Legalization. A new Muhlenberg College annual public health poll has support for marijuana legalization at 58%, the highest level of support for legalization since the poll began tracking the issue. "The trend on public support for legalization of marijuana in Pennsylvania is clear, with support growing for the eighth year in a row," Chris Borick, director of the college's Institute of Public Opinion, said in a statement accompanying the survey results. "As the state government considers this policy option, the public is increasingly coming to the conclusion that they support legalization."

Medical Marijuana

Hawaii Legislature Approves Resolution Seeking Medical Marijuana Exemption from DEA. The state legislature has adopted a resolution, HCR 132, asking the state Health Department to seek an exemption from the DEA to permit it to run its medical marijuana program without fear of federal interference. The resolution asks the Health Department to seek an "exception to regulations" and to seek a DEA rulemaking process to protect the state's medical program from violating the Controlled Substances Act's requirements for drugs in Schedule I.

Drug Policy

House Democrats File Bill to End Ban on Federal Assistance for People with Drug Felonies. A handful of Democratic congressmen on Monday filed the Making Essentials Affordable and Lawful (MEAL) Act (not yet on the congressional web site) to stop states from imposing a lifetime ban on people with drug felonies from receiving federal cash and food assistance. Most states have already waived the ban, but the drug war-era law that imposes the ban remains on the books.

Drug Treatment

Biden Administration to Allow Nearly All Doctors to Prescribe Buprenorphine. The administration announced on Tuesday that it intends to dramatically deregulate the opioid maintenance treatment drug buprenorphine. The move was first proposed by the Trump administration back in January and would allow just about any doctor to treat patients with the drug, which is considered the most effective medication for opioid addiction.

International

British Columbia Formally Requests Permission from Canadian Federal Government for Provincial Drug Decriminalization. Five years to the day after the province declared a public health emergency because of overdose deaths, British Columbia has formally requested a federal exemption from Health Canada to decriminalize the personal possession of drugs. The province is specifically seeking a province-wide exemption from the Controlled Drugs and Substances Act to eliminate criminal penalties for drug possession. "Stigma drives people to hide their drug use, avoid health care and use alone," Mental Health and Addictions Minister Sheila Malcolmson said. "Through province-wide decriminalization, we can reduce the fear and shame that keep people silent about their drug use, and support people to reach out for help, life-saving supports and treatment."

Chronicle AM: Dutch to Try Licensed Grows for Coffee Shops, No MedMJ for TN This Year, More... (4/11/19)

Medical marijuana and guns rights are in the news today, the Dutch embark on a pilot program of licensed legal marijuana grows, there is no medical marijuana for Tennessee this year, and more.

The Dutch are finally moving to resolve the "back door problem" of a legal weed supply for coffee houses. (Creative Commons)
Marijuana Policy

California Bill to Block Home Marijuana Deliveries Killed. A bill that would have allowed localities to ban home deliveries of marijuana has died on a tie vote in the Assembly Business and Professions Committee. AB 1530 stalled amid concerns it would further hamper the state's struggling legal marijuana industry. Bill sponsor Assemblyman Ken Cooley (D-Cordova) said he will decide later whether to try again next year.

Wisconsin Poll Has Strong Support for Legalization. A new Marquette University Law School poll has support for marijuana legalization at 59%. Support for medical marijuana was even higher at 83%. Gov. Tony Evers (D) has called for the legalization of medical marijuana and the decriminalization of up to 50 grams.

Medical Marijuana

Federal Bill Aims to Let Medical Marijuana Patients Keep Their Guns. Rep. Alex Mooney (R-WY) has filed a bill aimed at protecting the gun rights of medical marijuana patients. The Second Amendment Protection Act would grant an exemption from the federal law that says people cannot purchase firearms if they're "unlawful user[s] or addicted to any controlled substance" for state-legal medical marijuana patients.

North Dakota Lawmakers Back Away from Proposal for Database to Check Patents' Eligibility for Concealed Weapons Licenses. House lawmakers on Tuesday approved a measure, Senate Bill 2140, that would require the Department of Health to disclose medical marijuana patients' identities to the Bureau of Criminal Investigation "for the sole purpose" of determining whether they are eligible and in compliance with the state's concealed weapons law. But on Wednesday, Attorney General Wayne Stenehjem reminded lawmakers that changes to the voter-approved medical marijuana law required a two-thirds vote, not a mere majority, so lawmakers voted to send the bill back to the Natural Resources Committee, where its chairman said he will strip the gun language from the bill so it can pass.

Tennessee Medical Marijuana Bills Are Dead for This Year. State Sen. Steve Dickerson (R-Nashville), a doctor and leading proponent of medical marijuana in the legislature, announced Wednesday he was delaying all medical marijuana bills until next year. He said he was convinced the bill would fail, and decided it was better to delay the proposal than watch it fail in committee. "You can run a bill and have it defeated, or you can keep it alive," Dickerson said. "And practically speaking, we decided to keep it alive and not have a defeat for perception more than anything."

International

Dutch to Move Forward with Legal, Regulated Marijuana Production for Coffee Shops. The Dutch government released detailed plans Thursday for moving forward with regulated marijuana production to supply the country's famous coffee shops. The plan is to license 10 growers, each of which will grow at least 10 different strains. THC content will be clearly labeled. At least six and no more than 10 local authorities will take part in the trials, which will last four years. It will then be up to the next cabinet to decide whether to move forward with state-regulated marijuana production. The plan is being criticized by some local authorities and coffee shops as being too restrictive by requiring that all cannabis sold in participating coffee shops come from the licensed growers.

Medical Marijuana Update

A Pennsylvania patient challenges the federal gun ban, an Ohio court has thrown out the state's law requiring racial justice in licensing, and more.

Indiana

Indiana Poll Finds Strong Support for Medical Marijuana. Even in red-state Indiana, they like their medical marijuana, a new poll finds. The poll from Ball State University finds that 81% of Hoosiers believe marijuana should be legal for medical reasons. The poll had support for full legalization at only 39%.

Kansas

Kansas Governor-Elect Supports Medical Marijuana. Laura Kelly, the Democrat who won a surprise victory in conservative Kansas, is ready to take the state down the path toward legal medical marijuana. "I think that there is some momentum in the legislature to pass, to legalize medical marijuana," she said. "I think we would do it Kansas-style, where it would be well-regulated. With a supporter in the governor's mansion, legislators no longer have to worry about coming up with supermajorities to overcome a gubernatorial veto."

Ohio

Ohio Court Rules Racial Justice Requirement for Grow Licenses Unconstitutional. An Ohio district court has ruled unconstitutional the state's "racial quota" for selecting medical marijuana business licenses. The state's medical marijuana law requires 15% of all licenses to be awarded to businesses owned by racial minorities, and the state awarded two of 12 available licenses to minority-owned firms even though they scored lower than other applicants. One of the applicants who did not get a license sued. The ruling could prompt the state to award a provisional license to the plaintiff in order to make the case go away.

Pennsylvania

Pennsylvania Doctor and Medical Marijuana Patient Sues for Right to Own a Gun. A Philadelphia physician who is also a medical marijuana patient filed a lawsuit in federal court last Thursday challenging a federal law that prevents him from owning a firearm because he uses medical marijuana. Dr. Matthew Roman was blocked from buying a gun earlier this year when he honestly answered a question about marijuana use. Roman's lawsuit claims that the blanket prohibition against marijuana users violates the constitutional rights of tens of thousands of nonviolent, law-abiding American citizens. The filing, in US District Court for the Eastern District of Pennsylvania, claims the law violates both the Second and Fifth Amendments of the Constitution.

Utah

Utah Medical Marijuana Backers Threaten to Sue Over Mormon Church Involvement in Bill to Replace Prop 2. Medical marijuana supporters said last Thursday they are exploring legal action to challenge the legislature's move to replace the voter-approved Prop 2 medical marijuana initiative "at the behest" of the Mormon Church. Even though voters approved Prop 2 this month, lawmakers plan to meet in a December special sessions to replace the measure with a proposal more acceptable to opponents, including the church. "Although initiative statutes may be amended or repealed by the Legislature, the almost immediate extreme undermining of numerous provisions of Proposition 2 at the behest of The Church of Jesus Christ is anti-democratic and contemptuous of the... recognition in the Utah Constitution that the people are to have the power to enact legislative changes," attorney Rocky Anderson, former Salt Lake City mayor, wrote.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Feds Indict Maine Marijuana Users for Buying Guns

This article was produced in collaboration with AlterNet and first appeared here.

Less than a month ago, AlterNet published 4 Ways Using Even Legal Marijuana Makes You a Second Class Citizen, which enumerated some of the reasons marijuana legalization by itself is not sufficient to guarantee the rights of marijuana users. One of those reasons was the inability of marijuana users to legally own or purchase guns.

Under federal law, enforced by the Bureau of Alcohol, Tobacco & Firearms (ATF), all gun purchasers must fill out Form 4473. "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" the form asks.

Last year, and just to make sure stoners got the message, ATF has added the following language: "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."

The article noted that marijuana users who want to legally purchase a weapon would have to lie on Form 4473, but that they were unlikely to be caught and prosecuted.

That has changed. The US attorney in Maine has now indicted two men on federal firearms charges for allegedly lying about their marijuana use on the gun purchase form.

Donald Henderson, 33, of Winthrop, was indicted for alleged false statements while buying a pistol from a local gun shop in February 2017 and again while purchasing another pistol the following month. The indictment alleges he checked the box saying he was not a marijuana user when he in fact was.

And Richard Quattrone, 48, of Augusta, was also indicted for lying on a federal firearms license in March 2017. The indictment says he purchased a pistol from the same local gun shop as Henderson and checked the box saying he was not a user of marijuana or controlled substances when he was in fact "an unlawful user of marijuana."

The federal prosecutors in Maine are on firm legal ground -- the law is quite clear -- but the question now becomes whether a political backlash can rein them in. That's what happened when law enforcement officials in some states tried to order registered medical marijuana patients to turn in their guns. In Pennsylvania, the state Health Department is no longer providing the names of patients to law enforcement after newspapers there reported the patients would not be able to buy firearms; in Illinois, regulators removed a rule that would have barred legal gun owners from becoming patients; and in Hawaii, police had to walk back a plan to force patients to hand in their guns.

The Jeff Sessions Justice Department, where ATF resides, is unlikely to be as swayed by angry public opinion as state officials in legal marijuana states, and that suggests that people who use marijuana need to really think twice before filling out that Form 4473. If they tell the truth, they will be barred from purchasing a gun; if they lie, they could be charged with a federal criminal offense and sent to prison.

If you're a marijuana user and really, really want to buy a gun, you may want to stick to gun shows and private purchases, but you are still potentially liable for federal prosecution if you get caught with it and the local US attorney wants to score a coup.

This is one more reason state legalization is only half the battle.

Four Ways Using Even Legal Marijuana Makes You a Second Class Citizen [FEATURE]

Marijuana is now legal in nine states constituting about one-fifth of the US population, and medical marijuana is recognized in a total of 29 states. That means people in those states can possess and use marijuana without fear of criminal prosecutions (if they have a doctor's recommendation in the medical marijuana-only states).

people enjoying marijuana (Darrin Frisby Harris/Drug Policy Alliance)
But even in legal marijuana states, pot smokers face restrictions that in effect turn them into second-class citizens, unable to do things non-drug users or users of legally sanctioned drugs, such as alcohol, can do, or somehow punished for doing them. While legalizing marijuana is a giant breakthrough, as long as marijuana users face stigma, discrimination, and worse over their choice of substances, the job is only half-done.

Here are four ways even legal marijuana users get screwed:

1. Employment Rights

You may be able to smoke pot legally, but it can still cost you your job. Even in legal marijuana states, legalization laws generally are careful not to intrude on the rights of employers to conduct drug testing for pot and to fire people who test positive -- even if they're not high or impaired at work.

Legal cases in California, Colorado, Montana, and Washington have all upheld the right of employers to fire or refuse to hire workers who test positive for marijuana even if they have a medical marijuana recommendation. But the law is rapidly evolving, and a recent case from Connecticut, a nursing home that refused to hire a medical marijuana patient after he tested positive for THC was ordered to reinstate the job offer.

A thriving economy and growing social acceptance of marijuana may also bring some solace to pot smokers. As Bloomberg noted just last month, we are now seeing a "slow decline in pre-employment drug screening," with some major employers abandoning the practice in the face of a tight job market. That trend, unsurprisingly, is being led by companies in the marijuana legal states. In Colorado, for instance, the percentage of employers using pre-employment drug tests declined from 77% in 2016 to 66% last year.

But still, if you smoked a joint on Friday night, Walmart still doesn't think you're fit to stock their shelves on Monday morning.

2. Gun Rights

If you smoke pot, you can't legally purchase or own a gun. As more states move toward legalization, the Bureau of Alcohol, Tobacco & Firearms (ATF) has clarified its Form 4473, the federal Firearms Transaction Record that purchaser must fill out to buy a gun: "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" the form asks.

And just so you stoners get it, ATF has added the following language: "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."

That means marijuana users who want to legally purchase a weapon have to lie on Form 4473. And that's a federal crime. (Unlikely to be caught and prosecuted, but still.)

In August 2016, a federal appeals court upheld the ban on gun sales to medical marijuana patients. The 9th US Circuit Court of Appeals in San Francisco ruled that the federal government's ban on gun sales to medical marijuana cardholders does not violate the 2nd Amendment. The decision came in the case of a Nevada woman turned away from a gun shop after obtaining a medical marijuana card. The ruling sets precedent for all nine states in the circuit, including California, Oregon, and Washington.

There have been proactive efforts by law enforcement in a handful of states to, for example, order registered medical marijuana patients to turn in their guns, but those have so far been aborted in the face of loud opposition. In Pennsylvania, the state Health Department is no longer providing the names of patients to law enforcement after newspapers there reported the patients would not be able to buy firearms; in Illinois, regulators removed a rule that would have barred legal gun owners from becoming patients; and in Hawaii, police had to walk back a plan to force patients to hand in their guns.

Still, as long as the federal government maintains marijuana prohibition and as long as ATF considers marijuana a controlled substance, pot smokers' gun rights are at risk. And the NRA doesn't seem to care.

3. Parental Rights

In both medical marijuana states and full-blown legal pot states, parents have lost custody of their children over their marijuana use. Part of the problem is that marijuana remains federally illegal, turning the pot-using parent into a criminal in the eyes of courts of child protective services workers. Another part of the problem is discrimination and subjectivity about what constitutes "the best interest of the child." If a child protective bureaucracy or even an individual case worker harbors anti-marijuana sentiments, even non-problematic recreational use of pot can be used to take children from the home or deny custody to the offending parent.

Marijuana use is especially likely to pop up in divorces where custody of the child or children is contested. If your spouse griped about your pot-smoking while you were married, be prepared for him or her to try to use it against you in a nasty divorce case. Divorce attorneys warn parents facing this prospect to quit smoking pot now, well ahead of any court dates and court-ordered drug tests.

That's another way pot-smoking parents get hammered. Courts may demand onerous drug testing for months or year or require that visits with children be supervised.

Medical marijuana support groups report hundreds of cases of parents losing custody of their kids, some merely for having registered as medical marijuana patients. But there are small signs of positive change on the horizon: California's Prop 64, for instance, includes a provision saying courts can no longer rescind or restrict a parent's custodial rights solely because they have a medical marijuana recommendation.

That's a start, but we still have a long way to go before pot-smoking parents can rest easy.

4. Housing Rights

You can be kicked out of your home for using marijuana if you are poor and live in HUD, Section 8, or other federally-subsidized housing. Under a 1999 HUD Memorandum Regarding Medical Marijuana in Public Housing still in effect, any activity relating to controlled substances, including even medical marijuana, can get you evicted.

And it doesn't have to be just you. If you live in federally-subsidized housing and your grandson gets caught smoking a joint in the parking lot, you can find yourself tossed out on the street.

Even people who don't live in federally-subsidized housing face problems, especially if they live in rental housing. Landlords can prohibit tenants from using marijuana, and rental apartment industry associations typically counsel their members that "banning the use or possession of marijuana on site does not violate any landlord/tenant or fair housing laws, even when marijuana has been legalized by local ordinance or state statute." Nor, they argue, is allowing the use or cultivation of medical marijuana a "reasonable accommodation" required by law, even if it's been medically recommended.

Marijuana is increasingly legal and accepted, but the progress is uneven, and the battle to be treated like normal citizens remains unfinished.

Chronicle AM: Fed Bill to Protect State-Legal MJ, PA Protects MedMJ Gun Rights, More... (12/15/18)

Members of Congress moved in two different ways to protect state-legal marijuana, a leading Illinois gubernatorial candidate doubles down on support for legalization, Pennsylvania moves to protect the Second Amendment rights of medical marijuana patients, and more.

Efforts to protect state-legal marijuana heat up on Capitol Hill. (Wikimedia)
Marijuana Policy

Nearly 70 Congress Members Sign Letter Supporting Amendment to Protect State-Legal Marijuana. A letter sent last Friday to the House leadership asking it to include an amendment blocking the Justice Department from spending funds to go after state-legal marijuana came with the signatures of 69 US representatives. They want the McClintock-Polis Amendment included in "any forthcoming appropriations or funding bill."

Oakland Congresswoman Files Bill to Protect State-Legal Marijuana. Rep. Barbara Lee (D-CA) filed the Restraining Excessive Federal Enforcement & Regulations of Cannabis (REFER) Act of 2018 (HR 4779) last Friday. It would bar federal agencies from spending money to "detain, prosecute, sentence, or initiate civil proceedings against an individual, business or property, that is involved in the cultivation, distribution, possession, dispensation, or use of cannabis" when those actions comply with state law or local regulations.

Illinois Democratic Gubernatorial Candidate Will Make Marijuana Legalization Centerpiece of Campaign. Democratic gubernatorial candidate JB Pritzker signaled last Friday that he intends to make marijuana legalization central to his campaign. At a press conference, the businessman said he would "intentionally include black and brown entrepreneurs" in the state's legal marijuana business as a way of addressing "historically systemic racism." Embracing legalization helps draw a distinction between Pritzker and both one of his main Democratic competitor, Chris Kennedy, who more cautiously embraces decriminalization, and incumbent Gov. Bruce Rauner (R).

Medical Marijuana

Illinois Federal Judge Okays Medical Marijuana at School for Sick Girl. Two days after her parents filed a lawsuit against a school district and the state of Illinois over her school's refusal to allow her to use her medicine on school grounds, a federal judge ruled in her favor. The quick move came after the judge heard from the school district, which had concerns its employees could be subject to legal penalties for helping the 11-year-old. Lawyers for the state and the school district will meet with the judge next week to come up with a long-term solution.

Pennsylvania Moves to Protect Patients' Gun Rights. The state Health Department announced last Friday it will no longer provide the names of medical marijuana patients to law enforcement agencies. The move came after newspapers in the state reported that patients would not be able to buy firearms. Under state regulations, the department was required to post a database of patient names to an online portal accessed by law benforcement, but providing that information would have stopped a patient from buying a gun under federal gun control laws.

Drug Policy

Pennsylvania Sued Over Taking Drivers' Licenses for Drug Offenses. Two men convicted only of minor drug offenses filed suit last Wednesday in Philadelphia against the state for its law mandating drivers' license suspensions for non-driving-related offenses. "Drug convictions are the only crimes for which the Department of Transportation suspends the driver's licenses of adults over 21," the complaint says. The state "thus punish[es] people found in possession of a small amount of marijuana (unrelated to driving) as harshly as those who have been convicted of aggravated assault while driving under the influence, vehicular manslaughter, or any other dangerous activity that results in the loss of one's ability to drive." Such laws were once the norm, but have now been abolished in 38 states.

International

Greece Moves Toward Allowing Medical Marijuana. A Greek government official said Sunday that the parliament is expected to approve a medical marijuana bill in coming weeks. "In a few weeks' time, an amendment will be brought to parliament to define the legislative framework for the cultivation and manufacturing of pharmaceutical products based on medical cannabis, which will open the way for Greek and foreign investments," deputy agricultural development minister Yannis Tsironis told AFP. Last year, the government authorized the import of several medical marijuana products; now it appears ready to take the next step.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Medical Marijuana Update

The Rohrabacher-Blumenauer amendment stays alive (for now) in the stopgap spending bill, Honolulu's police chief backs away from seizing patients' guns, and more.

National

Last Thursday, federal medical marijuana protections got a two-week reprieve. The passage of a stopgap spending bill means the Rohrabacher-Blumenauer amendment ban on spending federal funds to go after medical marijuana in states where it is legal remains in force for at least another two weeks. That's good as far as it goes, but it doesn't go nearly far enough, said Rep. Earl Blumenauer (D-OR) in a statement: "While we are pleased that these critical protections will continue, two weeks is not enough certainty for the millions of Americans who rely on medical marijuana for treatment and the businesses who serve them," Blumenauer said. "As Congress works out a long-term funding bill, it must also include these protections. And ultimately, Congress must act to put an end to the cycle of uncertainty and permanently protect state medical marijuana programs -- and adult use -- from federal interference."

Hawaii

Last Wednesday,the Honolulu police chief admitted the department erred in trying to take guns from patients. Chief Susan Ballard acknowledged to the Honolulu Police Commission that the department's abortive move to make medical marijuana patients turn in their firearms "was incorrect." She said the department will return two guns to people who turned them in voluntarily, but she also said the department will continue to deny new gun permits to cardholders.

Nevada

Last Thursday, the state's highest court okayed the state's medical marijuana registry. The state Supreme Court ruled unanimously that the state's medical marijuana registry does not violate constitutional provisions of due process, equal protection, and the right against self-incrimination. "We conclude Nevada's medical marijuana registry does not impinge upon a fundamental right," said the opinion written by Justice Ron Parraguirre. "We further conclude the registry is rationally related to the legitimate state interest of protecting the health, safety and welfare of the public."

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

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