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"The Second Amendment and People with Medical Marijuana User Cards"

By Douglas A. Berman

The title of this post come from the title of this Eugene Volokh post over at his Conspiracy. The post combines two of my favorite hot topics, and here is how it starts: The AP reports that Steve Sarich ? who ?runs CannaCare, an organization that claims 7,000 members in the state,? which among other things ?provides patients with marijuana clones or starter plants and delivers about 50 patients a week with usable marijuana? ? has been told by the King County Sheriff?s Office that he may not buy a gun. The federal law underlying the prohibition is 18 U.S.C. § 922, which bars possession of guns by (among others) anyone ?who is an unlawful user of or addicted to any controlled substance,? and bars transfers of guns to such people. The sheriff?s office reported that the FBI?s National Instant Criminal Background Check System ?informed us that possession of a medical drug card is sufficient to establish an inference of current use,? and that therefore the sheriff?s office can?t approve the transfer of a gun to Sarich...continue to full post

Full post as published by Sentencing Law and Policy on March 31, 2010 (boomark / email).