Almost lost in the hubbub of this week’s IRS and Justice Department crackdowns on California’s medical marijuana dispensaries was another revelation of federal action: The Bureau of Alcohol, Tobacco, Firearms and Explosives is telling gun sellers it’s illegal for medical marijuana patients to own firearms.
The Sept. 21 letter from ATF Assistant Director Arthur Herbert states, “ 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 prohibited by Federal law from possessing firearms or ammunition.”
A lot of advocates – be they advocates of medical marijuana or the Second Amendment – are boiling mad.
“ATF’s blatant discrimination against Americans whose use marijuana legally under state law is outrageous,” Drug Policy Alliance Executive Director Ethan Nadelmann said Thursday. “It’s not just that ATF is riding roughshod over the rights of citizens who use marijuana legally with a doctors’ recommendation and thumbing its nose at laws enacted by sixteen states. It’s that there’s absolutely no evidence whatsoever that use of marijuana – whether for medical purposes or otherwise – is linked to reckless use of guns. … There should be zero tolerance for this sort of discrimination by the federal government.”
Montana Attorney General Steve Bullock and U.S. Sen. Jon Tester, D-Mont., who serve one of the 16 states with medical marijuana laws, each wrote a letter to U.S. Attorney Eric Holder earlier this week to protest the policy.
“We’re reviewing the matter,” Lynda Gledhill, spokeswoman for California Attorney General Kamala Harris, said Friday; the office of U.S. Sen. Barbara Boxer, D-Calif., said the same thing. U.S. Sen. Dianne Feinstein, D-Calif., and the National Rifle Association didn’t immediately respond to inquiries today.