The 9th Circuit Federal Court recently affirmed a district court case that upholds an ATF interpretation on medical marijuana card holders and the purchase of firearms. The court’s decision makes it illegal for an individual to possess, transfer, or purchase firearms if they hold a medical marijuana card. ATF form 4473 requires applicants to truthfully attest that they are not “an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.” Some may think that because their state has a legal marijuana regime they are not an “unlawful user.” Unfortunately this is not the case under the law. The ATF form is a federal form for federal enforcement of federal law. Current federal law maintains marijuana on the Schedule of controlled substances. The Nevada case, Wllson v. Lynch, involved a citizen of Nevada whom a licensed firearms dealer knew possessed a Nevada medical marijuana card. The dealer denied the customer’s application to purchase a firearm on the basis of assuming that the medical marijuana card gave the customer access to marijuana, a controlled substance. …show more content…
Back in June the marijuana community anticipated a DEA decision on rescheduling marijuana from a Schedule I controlled substance to some other scheduling. For political or other reasons the DEA simply made no decision at all. The outcome being that marijuana remains a Schedule I controlled substance alongside heroin, LSD, and mescaline. Anyone at all familiar with the DEA scheduling acknowledges the absurdity of it. An ancillary outcome of the DEA’s non-decision is this 9th Circuit affirmation of the firearms possession law. For now, if you possess a medical marijuana card you cannot be sold a
Later the Act was ruled unconstitutional and was replaced with the Control Substance Act in 1970. The new Act settled schedules for ranking different substances based off their potency (Reiman, Amanda, and Malik Burnett). Marijuana was placed in the most restrictive of the categories known as schedule I. According to the (DEA) the classifications consist of five categories: Schedule I being the most serious and having the highest potential for addiction and abuse. Schedule II, III, IV, and V drugs have less potential risk for addiction and
Since the 1970’s marijuana has been considered a schedule 1 drug by the Drug Enforcement Administration. Schedule 1 drugs are drugs that serve no medical purposes at all, has high potential for abuse and has lack of accepted safety use. Among marijuana, other schedule 1 drugs include heroin, LSD, ecstasy, and etc. Marijuana should not be in listed among these drugs for many reasons. Marijuana is much safer than the drugs list and does not have a high abuse rate like the other drugs. It also have many medical properties to contradict one of the schedule 1 safety guidelines.
State and federal law are in direct conflict in this situation and although the state will not take action against those that they have given the ability to sale and distribute marijuana for medical purposes but the problem that exists with this is that the federal law does not allow the sale of marijuana and they will take action against those that have state permission to establish one of these medical marijuana stores. At the federal level, marijuana remains classified as a Schedule I substance under the Controlled Substances Act, where Schedule I substances are considered to have a high potential for dependency and no accepted medical use, making distribution of marijuana a federal offense (NCSL, 2014).
Before 1937, marijuana was freely bought, sold, grown, and smoked in the United States. Since that time, all of these activities have been illegal, but many groups and individuals have fought to decriminalize marijuana. The congressional decision to classify marijuana as a Schedule I drug in 1970 has made the legalization campaign more difficult, since it officially established marijuana as a dangerous, addictive drug with no medicinal benefits.
Currently, marijuana is listed in Schedule 1, which makes it highly addictive with no medical benefit. Lowering the classification would make marijuana available for medical use, making it palatable to prohibitionist. Kreit rejects the idea and used the Controlled Substance Act (CSA) as a rationale that rescheduling marijuana to a lower level or removing it altogether would not meet U.S. treaty
The American Society of Addiction Medicine’s (ASAM) public policy statement on “Medical Marijuana,” clearly rejects smoking as a means of drug delivery. ASAM further recommends that “all cannabis, cannabis-based products and cannabis delivery devices should be subject to the same standards applicable to all other prescription medication and medical devices, and should not be distributed or otherwise provided to patients …” without FDA approval. ASAM also “discourages state interference in the federal medication approval process.” (“Who’s With
The legalization of marijuana for recreational usage could may be a new trend in America but the Federal government will likely oppose usage through the end of time. The Drug Enforcement Administration's (DEA) stance is that marijuana is an illegal drug and that using this drug whether for medicinal or recreational purposes is illegal. I chose this topic to research because of awareness bright to light prior to the recent elections. Until researching this topic, I was unaware that marijuana usage is legal in some states and that other states were pushing legislation to get
Marijuana is the third most popular recreational drug in America (behind only alcohol and tobacco), and has been used by nearly 100 million Americans. According to government surveys, some 25 million Americans have smoked marijuana in the past year, and more than 14 million do so regularly despite harsh laws against its use. Our public policies should reflect this reality, not deny it.(keith stroepe). Marijuana should be legalized for medical use across the country. Marijuana has been used medically, recreationally and spiritually for about 5,000 years. Under the Controlled Substances Act of 1970, marijuana was classified as a Schedule I drug because it was considered to have no “accepted medical use in treatment in the United
Background: The Marijuana Tax Act of 1937 established the federal prohibition of marijuana. Dr. William C. Woodward of the American Medical Association testified against the Act, arguing that it would ultimately prevent any medicinal use of marijuana. The Controlled Substances Act of 1970 established five categories, or "schedules," into which all illicit and
Drugs categorized as Schedule I must meet three criteria; the drug has a high potential for abuse, the drug has no therapeutic value, and the drub is not safe for medicinal use. The federal government defends this classification, citing concerns about the validity of research showing the medicinal benefits of cannabis and the impact on society of legalizing its’ usage.” –Therapeutic Cannabis, Mathre-
I have learned a many great things from participating in Nevada DECA in the last two years. It has helped gain experience and confidence in the business world, which changed my entire outlook on and attitude toward life. Before I joined Nevada DECA during my sophomore year, I never had the confidence to face challenges out of my comfort zone. Nevada DECA has helped change that fear of going out of doing what I am comfortable with, and began challenge other opportunities the world had to offer.
The Drug Enforcement Administration situations on fighting to legalize “medical” marijuana are based on two proposals: the scientific field views marijuana as a treatment while the DEA targets sick and dying people using the drug. Neither suggestion is true, science proved it is not medicine and it is not safe to use. The DEA targets on criminal trafficking and not the sick and dying. In 1970 congress authorized laws against marijuana based on that there is no logically proven medical value. Like the Food and Drug Administration, which is responsible for authorizing drugs safe an effective medicine has declined to approve smoked marijuana for any circumstance or disease.
Marijuana has become one of the most controversial drugs in America. Ever since its cultivation began around 1611, marijuana has puzzled people with its effects. Many question marijuana?s classification as a schedule one drug. A schedule one drug is one that has a high potential for abuse and no medicinal value. Some argue that the war on drugs, in particular marijuana, has cost taxpayers billions and is wasting funds that could be used on more important tasks such as improving transportation or education. As drug arrests rise, so do the populations in state prisons. This has become an immediate problem with no real solution. The legalization of possessing small amounts of marijuana can contribute positively to the medical and
. . a balanced scheme of criminal penalties for drug offenses”. While I believe that congress had good intentions when passing this statute, it is evident that the federal government did not know where to place marijuana on this scale, as the uncertainty surrounding the effects and benefits of the drug reflects its shared status with severely dangerous substances such as heroin, ecstasy and LSD. Researcher Annaliese Smith from the Santa Clara Law Review argues that “even at very high doses, THC does not produce anesthesia, coma, or death. It is this fact, above all others, that distinguishes marijuana form other ‘drugs of abuse’” (Smith 1143). Thus, Marijuana should not be a classified as a Schedule I drug because there is not a high abuse risk, it has valid potential for medical treatment, and public opinion on the drug has shifted greatly in favor of
The legalization of marijuana has been a debate in the public eye within the United States for quite some time now; however, as time progresses many states continue to pass legislation. As of, March 2017, 26 states and the District of Columbia have laws legalizing marijuana use in some fashion and 24 remaining states with pending legislation. Although states are in debate for legalization it remains that federal law still prohibits any form of usage, selling, or buying. Federal law supersedes state law on this issue as it is written, “Legalizing Marijuana: Why Citizens Should Just Say No” from the Legal Memorandum Published by the Heritage Foundation,