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The Nevada Case Study

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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

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