This subject was discussed extensively in this thread:
http://www.thefiringline.com/forums/...d.php?t=381767.
The bottom line:
[1] The question on the 4473 is: "Are you an unlawful user,..., of marijuana ...or any other controlled substance?..."
[2] Under 18 USC 922(g) --
"(g) It shall be unlawful for any person—
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(3) who is an unlawful user of ... any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
....
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. ..."
[3] Marijuana is a Schedule I controlled substance under federal law (21 USC 812), and can not be prescribed lawfully under federal law.
[4] Since marijuana is a Schedule I controlled substance, it may not be prescribed lawfully under federal law. And therefore anyone using marijuana, even under state medical marijuana laws, is, under federal law, an unlawfully user of a controlled substance.
Quote:
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Originally Posted by SwampYankee
... Less than 6 months ago Obama told the DEA to stop harassing people following state legal-marijuana laws.
...So if you are following state law, the Feds are not going to bother you. Yes, you are breaking Federal Law while following State law but the Feds have opted not to enforce the law...
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First, Obama merely issued a direction to a federal department. It doesn't change the law, and he may rescind his order at any time.
So even if you are a user of marijuana under a state medical marijuana law, you are still violating federal law. You are also still a "prohibited person" under 18 USC 922(g)(3). And while Obama may have directed the DEA not to pursue prosecution of federal drug possession laws against persons using marijuana under a state medical marijuana law, he didn't say anything about not prosecuting a medical marijuana user for being a prohibited person in possession of a gun or for lying on a 4473.