The ongoing discrepancies in between marijuana laws in weed-legal states and marijuana laws at the federal level continue to make challenges and tensions for some customers. In unique, gun ownership is 1 of the items that generally gets confusing. That is simply because admitting to consuming cannabis routinely generally disqualifies a individual from legally having a gun permit.

The most current instance of this comes from Delaware. There, a retired Air Force veteran was lately denied a gun permit. The cause: she makes use of health-related marijuana, which is legal in her state.

Health-related Marijuana or Guns

Kim Petters was in the Air Force for ten years ahead of retiring to Delaware, exactly where she at the moment lives. As a outcome of her time in the military, she now suffers from PTSD. And to assistance handle her situation, she makes use of health-related marijuana as component of Delaware’s health-related marijuana system.

However in spite of the reality that Petters is following all health-related marijuana laws in her state, she was lately denied the capacity to acquire and personal a gun simply because of her marijuana use.

As component of its application and screening protocols for gun ownership, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) asks gun applicants about marijuana.

Particularly, the language of the application says: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”

At very first glance, it may well appear like there’s no difficulty with that query if an applicant is following all state laws. But the ATF’S application query is followed up by a warning that says: “The use or possession of marijuana remains unlawful beneath Federal law regardless of regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state exactly where you reside.”

Simply because of this, Petters had to report her cannabis consumption to the ATF. And as a outcome, her application was denied.

Cannabis is the only medication in the whole U.S. that tends to make you opt for in between medicine or second amendment rights,” Petters told WFLA News eight. “And that is just not fair.”

She added: “So if I lie on that type, and say no, I’ve produced an totally distinct felony, which could land me 5 years in jail. But if I say yes, I’m denied acquire.”

Federal Laws Win Out

In the end, Petters’ circumstance highlights some of the methods that federal laws about marijuana can nonetheless interfere with state laws. And each as soon as in awhile, folks attempt to sue the federal government more than the situation.

For instance, a Pennsylvania medical professional and health-related marijuana patient was also lately turned down when he attempted to obtain a gun. The man, Matthew Roman, then attempted to sue the government. Particularly, he claimed that his Second and Fifth Amendment rights have been violated.

Even so, these sorts of lawsuits hardly ever get any traction. In unique, it is tough to make a case when federal laws continue to outlaw all types of cannabis.

“I feel eventually it is going to come down to a alter in federal policy,” lawyer Amy Swearer told WFLA News eight.



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