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Illinois Medical Marijuana Patients Told to Give up Guns

Photo by Rodd Waddington

Legal

Illinois Medical Marijuana Patients Told to Give up Guns

While the controversial issue of Illinois’ medical marijuana patients being refused the right to gun ownership was eliminated by state regulators last April, it did not prevent the state police from sending out notices to a number of program participants last week informing them that their firearm privileges had been revoked.

Reports indicate that the Illinois State Police mistakenly sent out letters to a handful of patients recently suggesting that their desire to hold a medical marijuana card had rendered their firearms permission null and void. Although a representative for the ISP claims the blunder was caught relatively quickly and then remedied, some patients are concerned that this is just the first of many issues that will likely rear its ugly head due to the mixed feelings associated with medical marijuana.

Even the ISP’s website includes the language “I am not a medical marijuana patient” on its checklist for applying for a firearm owners identification card. And while the agency claims they are working to fix this discrepancy, some legal experts have suggested that law enforcement is not at all too concerned with appeasing the medical marijuana community.

“Even taking their word for it,” said Canna Law Group attorney Tyler Anthony, “they shouldn’t be careless with citizens’ constitutional rights, especially when their position lacks any clear legal basis.”

During the debate over medical marijuana and gun ownership, many patients said that they would rather continue purchasing weed from the black market than give up their constitutional right to carry a firearm. After a number of complaints from gun owners — most of which suggested the gun provision was a blatant disregard for their rights as citizens — the language was stricken from the final rules. And while this action was both a victory for patients and local marijuana activists, there were plenty of opposing forces left seething at the concept of pistol-packing potheads. Even some marijuana-related businesses voiced concerns.

The concept of not allowing medical marijuana patients to own guns is as ridiculous as it should be a vulgar violation of individual rights. After all, there are no stipulations on gun ownership for patients being treated with dangerous pharmaceutical drugs.

But the ISP appears to be taking the lead from the higher ups in Washington D.C.

Although Illinois decided in 2014 that medical marijuana patients could have guns, the federal government still considers this ideology a major violation to its rules regarding firearms and controlled substances. According to the 1968 Gun Control Act, anyone “who is an unlawful user of or addicted to any controlled substances” cannot legally own guns and ammunition.

Therefore, while Illinois officials say they are “continuing to examine how the state’s medical cannabis and firearm laws may interact with federal firearm laws,” it appears they could find out soon enough that patients with guns may be at risk for an unsavory visit from the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is likely that once Uncle Sam decides to get involved, patients may have no choice but to seek clarity from the courts on how the Second Amendment applies to state medical marijuana laws.

Should smoking medical marijuana strip patients of other constitutional rights? Tell us what you think in the comments below. 

11 Comments

11 Comments

  1. smoking Jim

    June 6, 2016 at 3:30 pm

    Well I agree most all I’ve read here they law is pretty clear it says” anyone unlawfully under they influence”ok guys with law degrees the whole pint of mmc is to be law full??? Registered user, abiding by the rule?? No violent history or felony drug use or charges now saying that I had a motorcycle accident that nearly killed me broken scapula on my ribs broken both collar bones collapsed lung and brachial plexus damage did the oxy thing sucked!! Did help but lost 53 lbs “but that’s ok right?” Bs I smoke it helps tremendously!! So isp thinks it’s wrong cause I smoke to own firearm? I was way out of my mind on oxys!!!!!! But it’s ok????? Anyone who is am idiot can buy any drug they want on blk market so it no win got isp!!!! so instead of making us suffer they should criminalize heavy penalties for people who do bad things with guns at this point like life in prison chopping off a hand I mean let’s be real about this would you like to go to Chicago without a gun on your hip I live there for too long I don’t even want to think about Chicago without a gun on my hip. if all the good guys had guns did be a lot more dead bad guys stead of having 33 shootings of innocent people in Chicago there’d be 66 shootings of dead gang-banger win win. Could go on all day put the cops in our shoes without their firearms for a day you don’t President Obama says he doesn’t like the guns but look who’s standing around him everybody around him has pistols and machine guns wtf let him live on south side for a week he’d be giving gun away at that point.

  2. macrdo

    May 30, 2016 at 11:17 am

    I want to apply for the medicinal marijuana but will not give up my FOID card that I just recently obtained. My doctor feels I would really benefit from it. I agree with most others I will obtain it illegally rather than submit to the government my rights as an individual in this FREEDOM country.

  3. Sweets Colbert

    February 2, 2016 at 3:04 pm

    If they really want the medicinal users to give up their rights to the gun… Then ALL people who drink ALCOHOL should also give up their guns…. This makes no sense at all just another way to reach into our private lives and punish the good while the bad ones still have theirs… This is why black market sellers will never go out of business….. STUPID GOVERNMENT!!

  4. George Snider

    December 8, 2015 at 6:21 am

    that means anybody that drinks alcohol don’t get a gun either.
    anybody doing prescription drugs can’t have a gun.
    (legalize marijuana) alcohol and all the prescription drugs are killing our kids.
    America needs to worry about the heroin epidemic

  5. Lovevina Perez

    December 8, 2015 at 5:06 am

    Yep I am going to give up my medical marijuana card that I haven’t even used yet,due to my rights being taking away from me of being a current gun owner…it’s bullshit the other drugs that the doctor gives me are way worse than marijuana..and causes more medical conditions as you take them.. this world is so crazy and I am a retail store owner and will protect mine. So you can keep the prescription card.. here in a couple years it will be legal to smoke than what is the government going to do..

  6. Randy Bouffanie

    December 8, 2015 at 2:49 am

    I’m 62 years old and last year took a 5-year plea deal for supervisory probation for having 1 small pot plant in my house. My son had come over and left me a bud of seedless pot. After he left, I was breaking up the bud to smoke a bit and 1 seed fell on the counter.I thought, “seedless”??? So I decided to germinate it and see if it’d take. I wanted it to, so when he came over within the next week or two,I could show him my new plant, and when he’d ask, “where’d you get that?”, I tell him, “from the seedless bud that you left me”!! I just wanted to mess with him a bit. Well, the seed took and never having grown pot before, I put it in a small container, in potting soil, and set it on my outside patio. I was 61 and live alone and am disabled. Had been a Coast Guard licenced offshore supply-boat captain for 27 years, Never having refused or failed the mandatory, random, frequent, required drug screens, but in 2008, while riding my motorcycle, was hit by a motorist who failed to yield. So after 2 back surgeries, from 2008 up until my arrest, in 2014, I was taking around 11 prescription pills a day. Pain pills, muscle relaxers, etc. I explained to my doctor that I didn’t buy or sell pot, but if someone came to my home and had a bowl or a joint I’d probably take a couple of hits. It didn’t take my pain away, but it took my mind off of my constant pain, sorta giving my mind a temporary rest, which helped sometimes more than the freakin 11 pills I was taking. Well, Planting that 1 seed, as a joke, to mess with my son a bit, for a laugh, was a BAD idea. Judge was going to sentence me to 15 years for that 1, 2-month old pot plant that I had put in one of my bedrooms because the outside temperature had gotten below 30 degrees.They should let me have a gun with just 1 bullet, not to shoot myself, but to shoot that fucking judge wanting to give me 15 years. I’m 62 and smoked my 1st joint when I was 16 years old. Never have had any issues with authority involving drugs, but they acted like I was scarface. Had a DUI in 2001, 9 days after 9/11, the only time I was ever involved with police, and that was way worse than pot. IT WAS ALCOHOL. Alcohol is accepted by society, but the “War On Drugs” is a money machine for law enforcement. When I was instructed how and where to be assigned a probation officer, I attempted to do that. When I arrived, I got in line and when I approached, he asked my name. I attempted to hand My drivers licence but he told me that all he needed was my name and proof of income. He never took or even looked at my picture ID, but drooled over my proof of income. What a system. I’ll end up paying $7,000.00 for that immaculate seed that I planted, but fuck it, it’s only money. What I lost was my respect for law enforcement. I have a shaved head, with tattos and piercings and was pre judged by them as low-life. My attorney told me to let my hair grow out and wear long sleeved shirts, for appearance. I told her that the way I choose to look helps me pick who I can choose as friends, that if someone walks past, and has a slight look of disdain towards me, That I probably wouldn’t waste my time to communicate with them, but if someone walked past and just said HELLO, and that was it, that I might ending up chatting with that individual, and who knows, we could possibly end up friends. I’ve fathered 4 daughters and never was a dead-fucking-beat dad, worked my ass off to provide. Started in the workforce when I was 14, and worked up until that accident in 2008 that disabled me. I’m proud of who I am and what I’ve accomplished in life. I’m blessed to have been able to recover enough to take care of myself and still wipe my own ass. Some are not so blessed. But most of all, I’m saddened by the loss of respect that I used to have for law enforcement, Not to recognize that alcohol is so much more dangerous that pot. I believe they surely know that, but Louisiana is a festival state. If somebody fucking farts, they are gonna start having fart festivals, and another festival to sell booze at. Just thought I’d give you one for the books. I’ll do my probation, pay my fines, and play their game their way…..BUT if Louisiana should ever pass the medicinal marijuana agenda, I will be a smiling patient. They can’t rent any space in my head. lol

  7. Patrick McGean

    December 7, 2015 at 10:50 pm

    No we should not give our right because the State of Illinois think Al Capone is still running his mob from the grave, he is its called the Illinois Medical Board. Mandatory vaccines for how long, how many autistic kids?
    As for the pain: Pain is the absence of intracellular oxygen, medical marijuana works on that principle.
    NOw keep you guns, cleaned and ready and add organic sulfur a crystal food to your diet twice a day and any time you pain rears its nasty ugly head. Slap it down with sulfur ever 10 minutes until the damn pain goes away.
    Keep the guns for the idiots try to force you are any family member to vaccinate, shoot first in defense of assault and battery, the vaccine have never been effective nor safe, that is assault and battery,
    Follow the Indiana law, shoot first if an officer of law is breaking the law.
    Please keep in mind that traitors to the Constitution are left to rot on the field of batter.
    Do the math dear state of Illinois.

  8. GPEACE

    December 7, 2015 at 9:31 pm

    Cool destroy all weapons can’t go to war to stop war time to wake up NOTHING to do with cannabis

  9. Andy Cummings

    December 7, 2015 at 6:54 pm

    I am a gun owner It will be a cold day in hell when anyone comes to take my guns away I vap. for pain control I also take percocet that I have a rx for if the feds or any else came to me and said that I have to give up my guns I would tell them that if You want them then you must first take away all pain killers from everyone that’s on them who owns a gun then simply tell them you can take my card and I will get my weed on the black market but you can not have my guns !!! The only way you may have my guns is to pry them from my cold dead’S hand

  10. catherine

    December 7, 2015 at 5:01 pm

    Of course it should not infringe on rights!!!! How much more ridiculous can the controlling population try and get?

  11. Takcalb

    December 7, 2015 at 4:19 pm

    My hometown Washington DC doesn’t have those stipulations and marijuana is legal on Medical and Recreational. Alcohol is technically a narcotic because of opiate alkaloids and there is no such stipulation on people who drink alcohol and caring a gun legally.

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