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Feds To Legal Medical Marijuana Patients: You Don’t Have Second Amendment Rights. Period.

  • by Allen St. Pierre, NORML Executive Director September 28, 2011

    The federal government, notably under the current administration, continues to paint itself into a corner politically speaking regarding Mr. Obama’s pre-election promises to ‘fix the problem with medical marijuana’.

    The Bureau of Alcohol, Tobacco and Firearms (ATF) issued a memorandum on September 21 to all gun dealers in the United States for the expressed purpose of informing them that they MUST discriminate against lawful medical cannabis patients and DENY them their Second Amendment right to buy and possess a firearm for hunting and/or personal protection.

    The feds newest ‘clarifying’ memo regarding medical cannabis (proceeding the 2009 Ogden and 2011 Cole memos) is notable because members of NORML’s Legal Committee recently have been successfully challenging local and state law enforcement officials who’ve chosen to discriminate against lawful medical cannabis patients by denying them permits for a concealed weapon.

    Why is it OK and does it make any sense at all for lawful medical patients who are prescribed powerful painkillers and sedatives to be able to enjoy their Second Amendment rights and responsibilities, but medical cannabis patients who want to hunt or have self-protection in their homes are overtly discriminated against by our own federal government?

    This new ATF memo will provide an interesting test to see if the National Rifle Association really does support citizens’ rights to bear arms.

    206 Responses to “Feds To Legal Medical Marijuana Patients: You Don’t Have Second Amendment Rights. Period.”

    1. marymack says:

      Oh Gee, another UnConstitutional Law that we can ignore. One would think they would stop with the repression since so many of us do not give a damn what they say anyway.
      Sovereign people have the right to defend themselves. Period.
      RON PAUL FOR PRESIDENT 2012

    2. Tony says:

      Here is how it works. They make it illegal by using scare tactics, lies, and logical fallicies. The CIA imports it, the banks launder the money and lease the aircraft, then their mafia friends open a “for-profit” prison system when people are caught with their product and decrease wages because the peaceful pot heads have to work for .25 an hour making widgets. That sounds like a conspiracy/corruption if I’ve ever heard of one… It’s a really good scam. Basically, they made it illegal so they could induce artificial scarcity there by artificially inflating prices so they could make crazy amounts of money and take in profits from the military industrial complex, illegitimate taxes, for-profit prisons, not to mention they use those very plants to make all of their toxic pharmaceuticals, which if you use them it will make things worse there by ensuring return customers to get drugs in order to cure the side effects.

      Then they have the odacity to employ a false flag attack on Americans by claiming that we are the ones selling guns to the cartels so we should have our gun RIGHTS taken away… When in reality they used our taxes, again illegitimate in nature, to buy and give those guns to their cartels who invest into wall st so they can knock off competition.

      I would like to advocate that good people start running for every position possible in their local governments to we can start to fix the problems and reign in the federal government/mafia. We don’t need a revolution we need to restore the constitution and lucky us our forefathers left us with the means to do so.

      To answer the question of can we fight this? Yes, we absolutely can. The constitution states very clearly that our rights to bear arms SHALL NOT BE INFRINGED! It’s very simple. Vote Ron Paul, he is the ONLY one with a legitimate track record. Please don’t get depressed get angry and do something constructive. We can do this without anything crazy and within the system. Learn, Educate, act intelligently.

    3. Matt says:

      Buy weapons if you can, organize lad let’s hook’em up!

    4. [...] Go stealth young men go stealth. Feds To Legal Medical Marijuana Patients: You Don This is a big deal, I don't care whether you own a firearm or not, this is about our rights as [...]

    5. Thomas Jefferson says:

      Here comes lawsuits against the Feds. What part of “shall not be infringed” don’t you understand?

      This is a gun grab and blatant discrimination.

    6. Anonymous says:

      OBAMA OK’S SALES OF GUNS TO ILLEGAL DRUG USERS
      Can’t you just see the headline now, of course not
      I’m with 51, I can smell the Republicans all over this.
      the pattern for the last 30 years has been the Republicans imagine some new infringment on civil liberties pertaining to MJ, and the Democrats have no other choice but to sign on to it. The only alternative is the above headline.

    7. Not Surprised Ol' Bastard says:

      So, how is the Obama Administration, Holder’s DOJ and the ATF responding to all the “Fast and Furious” Black Op’s Congressional investigatory “heat”?

      MORE GUN CONTROL & TRAMPLING ON STATES RIGHTS! This time via the back door…targeting not only legitimate “Medical Marijuana” card holders, but anyone who ever has even experimented with Weed (even if only once)or simply has applied for or holds a card (whether or not actually used).

      Ah! How sweet for the tyrants to get “two birds with one stone”…create a “game-changer” in the Nixon instigated “War on Drugs” by an indirect attack on the various State’s “Medical Marijuana” programs AND “criminalizing” millions of peeps who have ever smoked weed (legitimate or otherwise, or even thought of using via simply applying for/holding a legitimate State MM Card) to justify confiscation of their “guns & ammo”, with the added benefit that they will never ever be able to “buy and/or possess” firearms & ammo ever again…just as though they are convicted felons or Foreign Nationals…or they will become convicted felons.

      Definitely a page out of Hitler, Stalin & Mao’s play-books…What’s next, the forearm Tats, Gulags & “purging”?

    8. SAINT RICO says:

      Aahhh..another cival war. (sighs) One can only hope for such….. I don’t want it to come to that(ya know, violence; bloodshed)….but it seems the elites won’t be happy until they and their children are being heave-Ho’ed out of the highest window.?

    9. Jim Rogers says:

      I got to say, this one really shows how low our Gov. has sunk into the black hole of stupidity.They must really feel like they are loosing this war, to think that the most Peaceful people in the World,really as a whole,want or need to possess firearms.
      Now if the Fed tried to keep alcoholics from possessing firearms, the NRA and the media would be freaking out.
      The lack of logic that is being displayed by this Obama administration,the Drug Czar,and the DEA,makes me wonder if there is any hope at all that some day logic will prevail. LIFE LIBERTY AND THE PURSUIT OF HAPPINESS.

    10. propot says:

      I’m not giving up my guns without a fight

    11. Owen says:

      #83. I never stopped calling cops pigs.Every cop is a criminal too!

    12. S i R says:

      CRAZY………………………..

      OBAMA CAN KISS MY MFin AZZ!

    13. Price Charles says:

      What part of the ATF’s memo makes any sense. Veterans who had their legs blown off in Iraq are sometimes recommended medical marijuana by Spinal Specialists to help control their pain, and spasms. Now according to the ATF those Vets cannot utilize their 2nd Amendment Rights to help protect themselves, and their families when they go home, but Mr. Obama can become President, and Chief Commander when he admitted more than once to smoking marijuana recreationaly, of which there are numerous pictures of him all over the internet with joints in his mouth doing so. Can the hypocrisy get any worse.

    14. Robert Pinkerton says:

      What this shows, is an objectively groundless mystical terror of cannabis on the part of the Establishment.

      BTW — acknowledged somewhat off-topic — consider Establishment salami tactics against smokers of anything: They are closely comparable to Hitler’s infamous Nurenberg laws: As those laws aimed at driving Jewish folk out of German public life, so does anti-smoking effort per se aim at driving smokers of anything out of public life. Indeed, if the smoke-haters are successful against tobacco, watch them turn and come after us.

    15. Lisa says:

      I am so so disappointed in the Obama Administration and its policy towards MM, or Cannabis in general. Okay, so Israel, our supposed good friend has come out with a study saying Cannabis DOES have medical value and will start producing thier own next year. HOW can our Government continue to say that Cannabis has no medical value when there are reports from all over the world to state otherwise and then the big push at the UN to try and stop the faild War on Drugs. Legalize it already. I tell my kids the Govt. lies about cannabis and other things. I am not sure how the Big Pharm lobbiests (sp) sleep at night. Holder is a puerco.

    16. Eric says:

      MAKE A PETITION ON WE THE PEOPLE TO REPEAL THIS! NOW!
      MAKE A PETITION ON WE THE PEOPLE TO REPEAL THIS! NOW!
      MAKE A PETITION ON WE THE PEOPLE TO REPEAL THIS! NOW!
      MAKE A PETITION ON WE THE PEOPLE TO REPEAL THIS! NOW!
      MAKE A PETITION ON WE THE PEOPLE TO REPEAL THIS! NOW!
      MAKE A PETITION ON WE THE PEOPLE TO REPEAL THIS! NOW!
      MAKE A PETITION ON WE THE PEOPLE TO REPEAL THIS! NOW!
      MAKE A PETITION ON WE THE PEOPLE TO REPEAL THIS! NOW!
      MAKE A PETITION ON WE THE PEOPLE TO REPEAL THIS! NOW!

      Make it cause if its posted here it will deff. get 5k votes.

    17. Mad Apache says:

      So Whats Happens To The Firearms Dealers Who Are Medical Marijuana Patients? Is The Government Going To Step In And “Just Take” There Bunsiness? Just As They’ve Taken Away “Native American Land”. In The A.T.F. Memo It Says: “The Federal Government Does Not Recognize Marijuana As A Medicine”. The Federal Government Has Been Giving Away Free Medical Marijuana For Almost 30 Years. I Know Of A Gentleman Whos Been Receiving Medical Marijuana For 28 Of Thoses Years From The Federal Government. Can We Trust The Government? Sure, Just Ask An “American Indian”. Another Broken Promise By The Government. I Used To Think I Lived In The United States Of America, “Land Of The Free”, Im Not So Sure Now.

    18. Kaaaaboommm! says:

      Wow. I love to see the feds taking angles on a the losing side. I’d love to see the NRA’s stance, not that I’ve ever supported that organization. I will, however, light one up 30 min before sunrise in my treestand on opening day. I’ve taken 30 or so deer, and probably 28 was with a light buzz.

    19. Somebody who gives a shit about this country says:

      This is an outrage, because those who are prescribed synthetic

      heroin(pain pills) do not face this kind of treatment and can buy guns, yet prescribed

      cannabis patients are to be denied in their respected states.

      When will we just say enough is enough and petition the population to abolish this

      corrupt unneeded department of the government(ATF). We got the FBI and the DOJ and other

      departments, is the ATF really needed? Is the ATF just the governments army against the

      citizens? Lets sever the governments Constitution destroying tentacles by getting rid of the

      Fed reserve (private bankers that hijacked this country), ATF(murderers), and homeland

      security(the gestapo) and watch one of two things happen: 1) The government come down hard

      on the people to retain the power and control they worked so hard in achieving with our own

      money! 2) The government is kept in check by us “WE THE PEOPLE” and things improve without

      government nannies parenting us.

      Only we the people can fix this country, relying on the officials in power will get us

      nowhere! They are kept in check by the gov. only the people can keep the gov. in check!

      When we yell loud enough to educate the people, the gov. propaganda will grow bigger to keep

      the population fooled! We can at least scare the gov. fools into shaping up or shipping out!

      Already they label the Tea party(I’m not a member) racist when no one has provided one video

      or any kind of evidence of that being the case. Don’t you think if there was video evidence

      it would be paraded all over the news or online. So they’ll use lies and propaganda against

      anyone who wants the gov. to shape up or ship out! So labeling people racist to discredit

      anyone who goes against this countries destroyers is a popular tactic they use against

      constitutionalist. That shows they’re desperate and scared! Lets fight this! Undue the

      brainwashing and expose the traitors, we can win! A hippocratic corrupt oppressive

      government is a doomed government! Lets fix it and put it back on the right track to “For

      the people, By the people, and Of the people” What we got right now is not liberty and

      justice for all, its complete government dominate bullshit! Please send this to everyone you

      know who give a shit about a free country!

      From,
      Somebody who gives a shit about this country

    20. bill says:

      more bullshit.

    21. Manford Mantis says:

      122. Someone who gives a shit about this country.

      June 1955.
      I raised my right hand and swore an oath of allegiance – to defend my country against all enemies – foreign and “DOMESTIC.” I know who my enemies are, where they are, and what they are doing. Today – I reaffirm that oath of allegiance – and – state without contemplation or reservation that I will defend my country and its Constitution at all costs – “I swear to God as my witness.”

    22. cj says:

      Wow,thats a steaming pile of wrong!

    23. david k garkie says:

      why dont obama bin laden explain this to the people who carry firearms to rob hurt and kill people to steal there marijuana, obama is a worthless piece of shit,the only reason he was elected was the fact he was black (nothing against afro americans or others) however people who voted for him never voted a day in there life ..WAY TO THROW YOUR VOTE AWAY) instead of electing who the american people pick,here is a tip DO THE EXACT OPPOSITE.

    24. Larry Williams says:

      Legal medical cannabis users in California and other states should not worry. Right? Its legal and not addictive.

    25. Dave K says:

      If there is anything that might almost be reassuring about this it is that this is the agency that cannot even control guns when they are in their direct possession. The 1400 guns that they lost track of are showing up in violent confrontations on both sides of the border and one was used to murder a border patrol agent earlier this year near Nogales, Arizona. One sherriff in Arizona has vocally stated in the media that he would like to see the agents responsible brought up on weapons sale charges. When the incident started to grow in the media the ATF actually promoted those responsible for the botched weapon sale. If these idiots come to Arizona and break the laws of my state, causing death and mayhem they should be in jail. When you cannot tell the difference between the behavior of the Federal Thugs and the behavior of the Drug Cartels it is time to abolish the agency. These bastards are evil!

    26. Smoke n toke says:

      No it’s not for anyone to say who can have rights and which ones. No money for my settlelment, just the end of prohibition on marijuana and we’ve got a deal.

    27. Allan Collison says:

      .” – Albert Einstein quote on Hemp
      “The illegality of cannabis is
      outrageous, an impediment to full
      utilization of a drug which helps
      produce the serenity and insight,
      sensitivity and fellowship so
      desperately needed in this
      increasingly mad and dangerous world.”
      - Carl Sagan quote on Marijuana

    28. Brandon says:

      OK, cigarettes kill more people than medical marijuana patients with guns. Shut the fuck up ATF. Nobody cares about your stupid insights.

    29. [...] heard this bullshit….. http://blog.norml.org/2011/09/28/fed…rights-period/ On the form, applying for a weapon…. there is a box that says "CHECK THIS IF YOUR ADDICTED [...]

    30. Anon says:

      When did the ATF gain the power to enact constitutional amendments via memoranda?

    31. Jeanne says:

      This goverment should get over its self and legelize marijuana! This is not about you, this is for patients that,are sick and know marijuana is the best meds for them. Who are you to say what we take or not take. Goverment should be ashame of them selves!

    32. Michael says:

      Why are you all surprised? Their stated goal is to reduce the use of marijuana. Since there is no scientific or rational reason for this, their goal is to hopefully scare you into stopping. They will keep piling it on. Legal or not. I believe their ultimate goal is not to stop marijuana, but keep certain parts of the public from being able to vote. Felons can’t vote! So don’t be shocked with anything they do. Even Obama is a bold face liar. He used us for our votes. So don’t be surprised at whatever they do. If you think all you have to do is vote, read about the electoral college. They vote the president not you.
      They will keep changing the rules to suit teir needs. Complaining about laws or actions will do nothing.

      The way to attack this is by exposing individuals. Take pictures of their bad behavior. Follow them to their favorite places. These folks have lots of dirty laundry. If we could start getting them in the news instead of us, there might be a chance. Watch for alcohol abuse,their drug abuse. If they cheat on us, who else are they cheating on? We need to take the fight to them instead of sitting and whining about it.

      NEVER agree to a search!! Never admit guilt!! They love plea bargains. It gives them time and money to go after another victom. They leverage pleas because they know they cannot prosecute everyone. Expect everything they say to be a lie, because they train just for that. So fight the good fight and keep on truck’n.

    33. [...] may legalize cannabis for agriculture, industrial use but Feds To Legal Medical Marijuana Patients: You Don’t Have Second Amendment Rights. Period. – it’s always been a case of uncle sam versus the russkies, it’s just now the [...]

    34. murt says:

      our government has been using the war on drugs to keep gun crime high.Most of our gun crimes are gang related. What does one expect when 11 year old kids are selling them.Then we hear ban the guns,ban the guns.What are we doing to this country of ours?Also, with all the drug testing going on why doesn’t any of our elected leaders take them?Maybe we should get a petition together to mandate drug test for them.We all could enjoy drug test together,all of us ,not just the people.

    35. candy says:

      It took one person to get the world to be complety out of even the thought but as a tax payer bizz owner and can not believe we our being treated worse then dogs Obama had he got cought smoking would never been the Pres but he didn’t get cought we the people should not have government law when it comes to our health choice that’s not there call it me n dr job the FDA puts bad drugs out everyday if they choice to keep this up what makes them think we will keep taking there BS there is no reason not to legalize n tax exepte big pharma

    36. candy says:

      Isn’t the atf the ones who just got cought for selling arms to the drug cartel ya they really have no rights to me I don’t own a gun but that is my right we need to bring them to court for what they have done by waging war against us do we live n the USA or under dictatores throw them out take to the streets n start yelling for our rights we pay for all of this shit it would be better spent one fixing the USA but there 2year olds

    37. [...] The Bureau of Alcohol, Tobacco and Firearms (ATF) issued a memorandum on September 21 to all gun dealers in the United States for the expressed purpose of informing them that they MUST discriminate against lawful medical cannabis patients and DENY them their Second Amendment right to buy and possess a firearm for hunting and/or personal protection. (Read more) [...]

    38. Price Charles says:

      There has to be some special interest group out there with massive amounts of political, and financial power griping, and not letting go of the immoral status quo regarding medical marijuana. Maybe L.E.A.P can give us some insight into who these unseen players actually are in this evil game against people, along with some addresses. Logic (Truths) vs The Status Quo (invisibles). Sooner or later their cloking devises are going to be lifted, and when it does, Pobrecita! until that happens the game is truly fixed in their favor.

    39. mike says:

      SO THEY SELL GUNS TO THE CARTELS BRINGING THE SHIT UP, BUT IF YOU ARE AN AMERICAN WHOM USES YOU LOSE YOUR RIGHTS. screams conspiracy if you ask me.

    40. joebob says:

      i have carried a gun legally for 8 years and smoked everyday also and never once had an accidental miss fire or any accident nor have i ever wanted to shoot anybody this is fucking stupid. lets buy liquor and sell guns but not smoke and sell guns. hypocrisy at its best

    41. Greg says:

      With the Tea Party breaking away from the Republicans, this would be an excellent time to support the Green Party and maybe, finally, put an end to the two-party tyranny which currently rules. I decided not to vote Republican when Clinton ran and I was a straight Democrat through Obama’s election. After seeing how he completely disregarded his campaign promises, as they always do, I decided to never vote Democrat again, as well. The Green Party is my last hope for a return to True American values and they can’t even get into a legitimate public debate. If you want change threaten the entrenched political parties security. Vote Green or independent. Refuse to give a seat to a Democrat or Republican ever again.

    42. Non"American" says:

      How do I quit “America”. I will not and do not support any of its actions. Many I know would rather be dead than an American.

    43. JP says:

      It gets better.

      Up here in northern california the U.S. attorney’s office has been sending letters to the local medical marijuana clinics giving them 45 days to shut their doors, or their assets and records will be seized (no guarantee that this won’t happen anyway). Gotta wonder if this is going to turn into a federal fishing expidetion. Get the records of medical marijuana users, search the state records to see who’s bought a firearm recently. Then arrest the patients for posession, tack on a drug crim while in posession of a firearm rider and bam, 12+ for every smoker on the list.

      Great way to get those crime statistics up in time for the next round of budget cuts.

    44. Wow says:

      What about the armed security guard at the co-op ? I live in California

    45. andy says:

      I am surprised the NRA will not stand up to the double standard as with prescription and pot or the great advertisement and presence of alchohol, maybe it’s the lawyers drumming up buisness? Sticking the knife looking for more blood and control. Take a survey of people that drink and own a whole lot of guns, but they have money and generational influence. Pot is blown way out of proportion like sex, conflict is a money generator, the militants need a war their all fired up, need jobs what better than the security industry

    46. CJ says:

      Don’t get me wrong, this is some bullshit. But here is a quick solution… Don’t act like a stoner when buying guns. Don’t smell like weed, and make sure you leave your stash and card at home.
      I don’t know if they can check if you are a patient during the waiting period to buy a gun but it repeatedly says “reason to believe” all over that letter… It’s up to you to dispose the information that you are a marijuana user… Just don’t tell em.
      This wouldn’t be the first time we have broke the laws… most of us smoked before we had cards.
      We shouldn’t have to do that though and that’s why this is wrong. I’m fed up(no pun intended) with being treated like a second class citizen

    47. thanks dad says:

      hey kids… im sorry but since you are sick and dying and cant stay nourished unless you smoke cannibas… well.. we are going to go have to go ahead and punish you kids by shutting down your dispensaries and taking away your weapons so you cant resort to the streets dealers… in other words, ATF is suddenly daddy and can pull the plug on the terminally ill

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