A Philadelphia doctor, licensed to prescribe medical marijuana was denied the right to purchase a handgun because he is a medical marijuana user himself. “Although Roman has “no other record of violence, criminal activity, or mental disorder,” according to the suit, when he went to purchase the handgun, a clerk informed him that his status as a medical marijuana patient meant he could not legally obtain a firearm.”
“…filed last week, alleges that federal law violates his Second Amendment right to gun ownership and his Fifth Amendment right against self-incrimination (because federal firearm transaction forms require medical marijuana patients to report that they use the drug “unlawfully,” even when it’s sanctioned under state law). The complaint specifically names acting Attorney General Matthew Whitaker and the directors of the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Nine “Guys,” Robes And Whys?
The question will probably find its way to the US Supreme court. But it might not have the outcome for which the medical marijuana and decrim folks are hoping. If SCOTUS finds adequate cause for Federal Supremacy on the issue, it could strike down every state law legalizing weed, medical or not.
“…as recently as May of this year, the Supremes took up the question and basically punted. In that case, they were considering a move to make medical (not recreational) marijuana legal in an exception under the law. The court upheld the fact that marijuana has been determined by Congress to be illegal. Clarence Thomas wrote, “Congress has made a determination that marijuana has no medical benefits worthy of an exception.””
Gorsuch and Kavanagh would take the same position in my estimation. Congress makes laws. Congress made no exception. And while I’d love to see someone point parts of the Constitution where decisions are left to the states and the people, I don’t see that happening.
If this case makes it to the High Court, things could go sideways.