SAF Files Brief in Marijuana 2A Case

I’ve been someone who supports the legalization of marijuana for quite some time. I don’t think it’s good for you; it’s just that I don’t trust the government to decide what we can and can’t do based on what’s good for you. After all, I love a good bourbon, but alcohol isn’t healthy. Our own John Petrolino enjoys a nice cigar, and that’s not good for you, either.

So while marijuana isn’t nearly what many of its proponents try to claim, I think the government has largely overstepped on that front.

That’s especially true when you look at marijuana and the Second Amendment. As the federal government continues to overlook states legalizing it to some degree or another, they still crack down on marijuana users who own guns.

And the Second Amendment Foundation just filed a brief in a case seeking to overturn that bit of stupidity.

From a press release:

The Second Amendment Foundation (SAF) has filed its opening brief with the Third Circuit in its case challenging the federal ban on gun ownership by medical marijuana users.

Greene v. Bondi is now on appeal before the Third Circuit from a district court opinion dismissing the suit. SAF is joined in the case by two private citizens – Warren County, Pa., District Attorney Robert Greene and James Irey. Greene currently possesses a medical marijuana ID card (MMID) under Pennsylvania law and desires to possess firearms and ammunition. Irey is a disabled veteran who wishes to obtain a MMID to treat his service-related injuries but not forfeit his Second Amendment rights in the process.  

“Unlike prescription pain pills, marijuana is federally classified as a Schedule 1 narcotic, even if a state has legalized it for medical purposes,” said SAF Executive Director Adam Kraut. “That poses a dilemma for anyone who legally uses medical marijuana – either give up your Second Amendment rights or receive relief from your symptoms. This is an absurd choice to force someone to make, especially given that anyone taking prescription pain killers, such as oxycodone, are allowed to purchase firearms.”  

As the brief explains, “Prohibiting Greene, Irey, and SAF’s similarly situated members from purchasing, possessing, or utilizing firearms and state-authorized medical marijuana is a clear violation of their Second Amendment rights to bear arms, as there is no analogous historical tradition of firearms regulation in the United States.”

“As more and more states legalize the use of medical marijuana, the decision to use cannabis or exercise the right to keep and bear arms is placing an undue burden on citizens,” said SAF founder and Executive Vice President Alan M. Gottlieb. “If a person chooses to legally use medical marijuana it should not automatically translate to surrendering their Second Amendment rights. We look forward to fighting this restriction and vindicating the rights of those who wish to use medical marijuana and exercise their constitutional rights.” 

Honestly, the fact that the feds have a double standard on marijuana is the most infuriating thing. You can use it recreationally in states where it’s legal, and they don’t bat an eye. If you own a gun and do it, though, you risk prison time unless your daddy is the president and he decides to claim that his DOJ’s prosecution of you was political, so you get a pardon.

Most of us aren’t that lucky.

Even some consistency would be welcome.

Since we’re not getting that, and no one in the federal government seems interested in addressing this, then we need to deal with it in court. Plus, as I understand the analogs from the founding era, the current laws go way too far. It was one thing to prohibit someone using a mind-altering substance from carrying a gun in public. It’s quite another to prohibit people who ever use such a substance from owning a firearm at all. Those two aren’t remotely similar, no matter what some try to claim.

Here’s hoping we get some actual justice on this one.

Editor’s Note: President Trump and Republicans across the country are doing everything they can to protect our Second Amendment rights and right to self-defense.

Help us continue to report on their efforts and legislative successes. Join Bearing Arms VIP and use promo code FIGHT to get 60% off your VIP membership.