Federal and point out legislation equally expose healthcare marijuana clients and caregivers who own guns to greater chance of fines and incarceration.
One of the questions I operate into most routinely in my apply is, “Can a individual or caregiver legally get or personal a gun in Maine?” The shorter answer is ‘no,’ beneath federal law, and even under Maine law, getting a affected person or caregiver creates extra lawful hazard for gun homeowners. This publish will address some of the rules influencing professional medical cannabis individuals, caregivers, and gun proprietors at both the federal and point out concentrations.
Q: Is a professional medical marijuana user permitted to invest in a gun from a accredited supplier less than federal regulation?
A: No. Below the federal Gun Management Act of 1968, it is unlawful for any particular person to sell a firearm to a human being who is “an unlawful consumer of or addicted to any controlled compound.” Mainly because the Controlled Substances Act (CSA) treats any individual who uses cannabis as an “unlawful person” (considering the fact that cannabis is a Agenda I drug under the CSA), it is federally prohibited to provide a firearm to any individual who utilizes cannabis.
A firearms seller is necessary to inquire each future purchaser, on the qualifications check out sort, if the consumer is a consumer of illegal medication. Simply because a professional medical marijuana affected person is viewed as an “illegal” drug user underneath the CSA, a individual who utilizes health-related marijuana will have to respond to “yes” to that query, or commit perjury. If a client were to answer untruthfully and later faced federal prices, it could arrive to gentle that the patient bought the gun illegally and falsified the history look at. This would most likely have further fines and increase to a possible prison sentence.
Q: Is a clinical cannabis user permitted to possess a gun or ammo less than federal legislation?
A: No. It is prohibited, under the federal Gun Manage Act of 1968, for any person who is “an unlawful consumer of or addicted to any managed material” to even possess any “firearm or ammunition which has been shipped or transported in interstate or international commerce.” Considering the fact that just about all firearms and ammunition have been shipped or transported interstate (this features the sections they are manufactured from), it is prohibited less than federal law for a cannabis person to even possess a gun or ammo.
It is genuine that nearly every little thing a clinical cannabis individual or caregiver does with cannabis is prohibited at the federal amount, and that it is currently a U.S. Section of Justice coverage not to prosecute individuals who lawfully take part in point out health-related marijuana programs. On the other hand, this policy could possibly improve at any time. Hence, any affected individual or caregiver who owns a firearm is at hazard of federal prosecution.
Q: Are there any additional prohibitions less than Maine regulation towards a hashish person acquiring a gun from a accredited dealer?
A: No,Maine legislation does not offer any more prohibitions or penalties for firearm income to cannabis customers above and beyond all those provided underneath federal legislation.
Q: Are there any added prohibitions under Maine law versus a clinical cannabis person or caregiver possessing a gun or ammo?
A: No, on the other hand, that just isn’t the conclude of the story. Even though Maine regulation does not prohibit a person from possessing or proudly owning a gun simply mainly because that individual utilizes professional medical cannabis, becoming a affected individual or caregiver does pose further dangers to Maine gun house owners. In the event that a patient or caregiver were billed with a Maine drug offense, prosecutors could allege involvement of a gun in the offense to improve the expenses. For occasion, if the state resolved a firearm was adequately connected to a caregiver’s drug trafficking cost, the demand could be enhanced to “aggravated trafficking,” with greater prospective jail time and fines.
In limited, for a legislation-abiding Maine healthcare cannabis patient or caregiver to have a firearm does expose him or her to improved hazard of fines and incarceration at both of those the federal and state ranges. Many understandably come to feel that the federal prohibition versus health-related marijuana customers owning firearms is a violation of patients’ Next Modification legal rights. Having said that, right up until the regulation improvements, clients and caregivers should be knowledgeable of the critical authorized threats posed by gun possession.
For far more information and facts on the legal landscape of medical cannabis and gun ownership, speak to Dubois Legislation.