The Firing Line Forums - View Single Post - Firearms Possession Illegal for Users of Medical Marijuana

Bartholomew Roberts · March 31, 2010, 03:28 PM

I know we have had several discussions in the past about how although state law may legalize medical marijuana, it does not prevent a gun owner from being prosecuted under federal law for violating 18 U.S.C. 922 (barring possession for unlawful users of a controlled substance).

However, the Volokh Conspiracy is reporting a story that puts an interesting new spin on the issue.

It seems that Steve Sarich runs a medical marijuana organization in King County, Washington. As a result of that activity, Sarich's home was robbed by five men (at least one armed with a shotgun) and Sarich shot one of the robbers. The firearms used in the shooting were seized as evidence as part of the investigation (and Sarich is also under investigation for violating the state's own medical marijuana laws); however at this time, Sarich is not under indictment.

Sarich attempted to buy new firearms to replace the ones seized by investigators and was denied by the Sheriff's Office. The Sheriff's Office reported that the NICS 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 purchase/transfer of a firearm to Sarich.

If true, it would appear that the same state of Washington that legalized marijuana is also sharing the information on who has medical cards with the NICS system - which strikes me as an odd contradiction.

On the plus side, while the Sheriff's office would not approve the transfer, they apparently also refused to prosecute Sarich for the previous violations of 18 U.S.C. 922 saying "they (feds) can enforce their own laws," sheriff's spokesman Sgt. John Urquhart said."

Sarich has indicated he will pursue his legal remedies in an attempt to solve this. Given the Heller and McDonald cases, it should make for an interesting discussion. Can a fundamental right expressly stated in the Bill of Rights be denied based on the inference that you are a likely drug user, even if you have not been convicted of such a crime?

March 31, 2010, 03:28 PM	#1
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	Firearms Possession Illegal for Users of Medical Marijuana I know we have had several discussions in the past about how although state law may legalize medical marijuana, it does not prevent a gun owner from being prosecuted under federal law for violating 18 U.S.C. 922 (barring possession for unlawful users of a controlled substance). However, the Volokh Conspiracy is reporting a story that puts an interesting new spin on the issue. It seems that Steve Sarich runs a medical marijuana organization in King County, Washington. As a result of that activity, Sarich's home was robbed by five men (at least one armed with a shotgun) and Sarich shot one of the robbers. The firearms used in the shooting were seized as evidence as part of the investigation (and Sarich is also under investigation for violating the state's own medical marijuana laws); however at this time, Sarich is not under indictment. Sarich attempted to buy new firearms to replace the ones seized by investigators and was denied by the Sheriff's Office. The Sheriff's Office reported that the NICS 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 purchase/transfer of a firearm to Sarich. If true, it would appear that the same state of Washington that legalized marijuana is also sharing the information on who has medical cards with the NICS system - which strikes me as an odd contradiction. On the plus side, while the Sheriff's office would not approve the transfer, they apparently also refused to prosecute Sarich for the previous violations of 18 U.S.C. 922 saying "they (feds) can enforce their own laws," sheriff's spokesman Sgt. John Urquhart said." Sarich has indicated he will pursue his legal remedies in an attempt to solve this. Given the Heller and McDonald cases, it should make for an interesting discussion. Can a fundamental right expressly stated in the Bill of Rights be denied based on the inference that you are a likely drug user, even if you have not been convicted of such a crime?