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The state of Montana recently legalized marijuana and now residents of the state can purchase marijuana legally, but these same residents who consume marijuana can no longer purchase firearms. This is not the result of state law or some part of the legislation that legalized marijuana in the state, this is the result of federal law about marijuana.

This oversight was not immediately apparent and while there have been widely politicized reports of someone getting busted by the federal government in the state, the concern is still very real. The Montana Free Press asked the ATF if marijuana users in the state were allowed to own firearms and they responded saying that gun owners were in fact not permitted to own marijuana or marijuana paraphernalia. It can be said that marijuana users also can’t buy guns.

The Gun Control Act(GCA) prohibits a person who uses a controlled substance from possessing a firearm or ammunition. This is the regulation that is stopping Montana residents, who can legally purchase and consume marijuana, from purchasing or owning guns.

Montana is not the only state that has run into this problem, other states that have legalized marijuana have also run into this problem, Colorado being the most notable example. As more and more states legalize marijuana whether for business, tourism, or expanding personal freedoms this will continue to be an issue.

Solutions are few and far between in this issue. It would be possible to reclassify marijuana as a schedule two drug, this would mean that those with a prescription for medical marijuana would be able to own it and retain their 2A rights. This does not solve the issue of recreational users though.

There needs to be some serious legislation that addresses this issue in the near future simply because this isn’t a problem that will go away. Republicans are not likely to support this legislation as a result of it being drug related and Democrats are never going to give gun owners a win, here’s hoping that this all changes in the near future.

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Jim
Jim
4 months ago

Can’t understand why weed is a controlled substance in the first place. Probably a relic of Prohibition.

Ecks Mann
Ecks Mann
4 months ago
Reply to  Jim

It was racism. Mostly black musicians and Mexican immigrants used pot in early 1900’s..

Bemused Berserker
Bemused Berserker
4 months ago
Reply to  Jim

Marijuana became a Schedule 1 Controlled Substance on the Federal Registry in 1970. The signing of the Controlled Substances Act the year was also when it was classed a Schedule 1. Schedule 1 means it has no medical use and that it has a high potential for abuse.

Congress tried to reduce it to a Schefule 2 in 2020, but the measure failed to pass.

Ecks Mann
Ecks Mann
4 months ago

There are very few things a person can do more inherently dangerous, than DRINKING ALCOHOL and using firearms. Pot smoking creates and over sensitivity to gun play insanity. Alcohol sponsors it.

TXJTG65
TXJTG65
4 months ago

Legislation that would classify it as they do alcohol based beverages 0 that just might do the trick… Fed’s or state could “control” (license producers) and tax it like tobacco… everybody wins!

Bemused Berserker
Bemused Berserker
4 months ago

Same in any other State that’s legalized Marijuana medically or recreationally. As long as it remains a Schedule 1 substance on the Federal Registry, the problem will persist.

The problem now though, is in some States it’s Medical Use Only, and in a few it’s approved Medically and Recreationally. Reducing it to a Schedule 2, would leave it still Illegal for Recreational use. It will have to be removed from the Registry entirely to clear the current 4473 Controlled Substance Restriction.

Not a VacciNazi
Not a VacciNazi
4 months ago

How you answer the questions on the background check is entirely up to you. The Feds have no way of really knowing if you are a recreational user or not unless you actually get a Medical Marijuana Card. If you do get one, they will find out and will deny your application to purchase a firearm.

P W
P W
3 months ago

Just switch to crack, it worked for Hunter Biden, he bought a firearm but was also a crackhead and the feds didn’t have a problem with him so everyone else should be OK too, right?

Kathe
Kathe
3 months ago
Reply to  P W

You don’t really want to be a crackhead like Hunter Biden…is maryjane really so much a draw that people would actually rather be doped up than have good sense and a clean life?

Kathe
Kathe
3 months ago

Takes your pick, maryjane or owning a gun which means you can throw your monies on dope or you can go hunting for venison, rabbit, or other such animals for your meals. Seems to me dope which is maryjane is stupid, waste of money and ones time.

jb80538
jb80538
3 months ago

It’s been that way in CO since MJ became legal here. I’m not at all surprised. When a person wants to buy from a dispensary, they scan your ID and it goes into a database.
Just grow your own if you want to smoke it.

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