Queen of the Universe - Granite Grok

Queen of the Universe

queen-of-the-universeMany of you are aware that, for many years, I have been working diligently on becoming Queen of the Universe. During my reign, it was my plan to use my newly acquired powers – for the most part, anyway – for good instead of evil. Recently, I was beginning to fear that despite all that wishin’ and hopin’, it was not meant to be; however, rumors have it that I have, in fact, been crowned AND that my first act as Queen was to deny 2nd Amendment Rights to persons in possession of medical marijuana cards.

It seems that state Representative Joe LaChance – father of making Expanded Medicaid permanent in NH, “volunteer director” of The Elliot Hospital, principal at NH Cannabis Consulting Pro (www.nhccpro.com), ‘“I can tell you, yes, it does work,” Lachance told Al Jazeera on January 22, 2016′ , and holder of one of 60 or so “medical marijuana” cards in NH – is giving me credit for the US Alcohol, Tobacco and Firearms Bureau issuing its September 20111 letter to Federal Firearms Dealer.

The June 2011 letter states:

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has received a number of inquiries regarding the use of marijuana for medicinal purposes 1 and its applicability to Federal firearms laws. The purpose of this open letter is to provide guidance on the issue and to assist you, a Federal firearms licensee, in complying with Federal firearms laws and regulations.

A number of States have passed legislation allowing under State law the use or possession of marijuana for medicinal purposes, and some of these States issue a card authorizing the holder to use or possess marijuana under State law. During a firearms transaction, a potential transferee may advise you that he or she is a user of medical marijuana, or present a medical marijuana card as identification or proof of residency.

As you know, Federal law, 18 U.S.C. § 922(g)(3), prohibits any person who is an •’unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))” from shipping, transporting, receiving or possessing firearms or ammunition. Marijuana is listed in the Controlled Substances Act as a Schedule I controlled substance, and there are no exceptions in Federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by State law. Further, Federal law, 18
U.S.C. § 922(d)(3), makes it unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is an unlawful user of or addicted to a controlled substance. As provided by 27 C.F.R. § 478.11, ”an inference of current use may be dra.lll from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time.”

Therefore, any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition. Such persons should answer “yes” to question 1l.e. on ATF Form 4473 (August 2008), Firearms Transaction Record, and you may not transfer firearms or ammunition to them. Further, if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have “reasonable cause to believe” that the person is an unlawful user of a controlled substance. As such, you may not transfer firearms or ammunition to the person, even if the person answered “no” to question 1l.e. on ATF Form 4473.

ATF is committed to assisting you in complying with Federal firearms laws. If you have any questions, please contact ATF’s Firearms Industry Programs Branch at (202) 648-7190.

1Note: The Federal government does not recognize marijuana as a medicine. The FDA has determined that marijuana has a high potential for abuse. has no currently accepted medical use in treatment in the United States. and lacks an accepted level of safety for use under medical supervision. See 66 Fed. Reg. 20052 (2001 ). This Open Letter v..ill use the terms “medical use” or “for medical purposes” with the understanding that such use is not sanctioned by the federal agency charged v..ith determining what substances are safe and effective as medicines.

Apparently, existence of the 2011 letter to FFLs came as a surprise to Rep. LaChance in so far as the NH legislature passed in 2013, two years AFTER the ATF had issued its letter, HB 573 (RSA 126-X) creating “an exemption in state law from criminal penalties for the therapeutic use of cannabis provided that its use is in compliance with RSA 126-X” and in December of last year, NH DHHS began the process of issuing those cards. Did he not know? He is, after all, a former Bedford Police officer. Did NH DHHS not know? Did the NH Department of Safety not know? Fully 5 years have passed since its issuance and only now LaChance finds out that he and others who are in possession of “medical marijuana” cards are likely a federally prohibited person – the ATF’s words, not mine?

But, I do want to thank Representative LaChance for crediting me with such power and influence…had I known I possessed it, I would worked harder to stop his “road to the NH State Income Tax” and let Expanded Medicaid sunset slowly in the western sky. I am sorry he finds himself in what appears to be a conundrum but, as an old acquaintance once told me, you buys your ticket, you takes your chances.

Making a decision between “medical marijuana” and being able to purchase and possess a firearm may be a difficult one. But, crowned or not, it is a decision required by the ATF, not yours truly.

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