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Medicinal marihuana and GCA 68
From an email making the rounds:
"Nevada has just started adding the names of those who have a lawfully obtained medical marijuana card to the "do not purchase" list. You are now denied if you try to purchase a firearm in Nevada (from an FFL). They don't come out to your house and take your already purchased guns (not yet anyway) but the do not allow any new purchases. "
The Gun Control Act bans firearm receipt (and possession) by anyone who "is an unlawful user of or addicted to any controlled substance (as defined in §102 of the Controlled Substances Act (21 U.S.C. §802)." The problem is that while the State has legalized it, the Feds have not; Pres. Obama has just given it a manner of dispensation, but the law remains in force.
I've heard it said that medicinal marihuana is a gateway drug; many users go on to full-blown chemotherapy.
Comments
"Weed is from da Earf. God gave this to you!"
Posted by: Letalis Maximus, Esq. at March 23, 2010 06:44 PM
Just how do hte drug laws comport with the 18th amendment?
Why did the feds need an amendment to allow them to ban boose but now do no need an amendment to allow them to ban drugs?
And anyone with an IQ over 3 can read Article I, Section 8 and see that the feds DO NOT have authority to punish except for the half a dozen specified punishments.
Hell, the feds don't even have the legal authority to punish treason WITHOUT the explicit grant of power in Article III, Section 3. If they had to be granted THAT power where in the hell do they get the authority to punish without other explicit grants.
Everyone punished by federal criminal laws that are not for the specific granted powers has been illegally punished. EVERYONE.
Tiocfaish ar la!
Posted by: fwb at March 23, 2010 10:51 PM
Agree with you in principle FWB, but now the courts let almost everything go with "Commerce Clause."
Posted by: bombloader at March 24, 2010 05:25 PM
"Everyone punished by federal criminal laws that are not for the specific granted powers has been illegally punished." And they're still in jail and not getting out anytime soon, are they?
Posted by: RKV at March 24, 2010 07:22 PM