The headline in today's The Oklahoman reads, "Federal Law Bars Rx Marijuana Users From Legally Owning Guns."
Oops.
I'm not sure the breaking news would have changed the outcome of the vote on medical marijuana the other day, but I can guarantee the proponents of the measure are exhaling a long sigh of relief this morning. It is one thing to go up against Christian Fundamentalists, the Chamber of Commerce, and crazy politicians who do their bidding in this state, but when you fuck with gun ownership in any way, shape, or form you are asking for real trouble.
The authors of the measure knew it too. That's why there is a provision in the bill which specifically says, "No person holding a medical marijuana license may unduly be withheld from holding a state issued license by virtue of their being a medical marijuana license holder. This would include such things as a concealed carry permit."
The only question at the moment is, did the framers of the new law know about the federal statute before hand, or not? I like to think they were cagey enough to realize they needed to include that useless wording to cut off another, extremely potent, avenue of attack by the anti SB788 forces.
You can almost hear the conversation. For God's sake tell them they can carry their fucking guns somewhere in there, then pray no one actually reads the federal law until it passes.
Come on, one must assume the people who came up with the law did their due diligence and knew the ramifications of a medicinal marijuana law when it came to federal gun prohibitions. They also had to know large swaths of Oklahoma would vote against it no matter what--in fact the question carried less than 50% of the state's counties--so they couldn't afford to take any chances Indeed, one shudders to think what would have happened if The Oklahoman and others had started screeching about second amendment rights. Caterwauling like that might have even dragged the NRA and all their cash into the fray.
Luckily for the pro crowd nobody, including the crack investigative staff at the incessantly anti SB788 publication, thought to look into the connection. At least not until it was too late.
As it stands now the ATF form which must be filled out prior to purchasing a gun--any gun--asks, "Are you an unlawful user, or addicted to marijuana, or any depressant, stimulant narcotic drug, or any other controlled substance?" That is followed by a warning: "The use, or possession of marijuana remains unlawful under federal law regardless of whether it has been legalized, or decriminalized for medicinal, or recreational purposes in the state where you reside."
If you choose to lie about the issue, well, you've just committed a federal felony. In today's paper, Oklahoman staff writer, Randy Ellis quoted ATF spokesperson Meredith Davis as saying, "If you have a license to use marijuana for medical use, there's no exception for that prohibition under federal law." She went on to tell Ellis, "If you possess a medicinal marijuana card it's presumed you are a user. So you cannot possess, you can't transfer, you can't ship firearms, or ammunition if you hold that license."
That's right. Even if you already have a legally purchased gun and ammo, you've got to get rid of it all before you obtain that permit to fire up a joint, or down a magical chocolate chip cookie. Ms. Davis suggested gun owners contact a lawyer, or the ATF to find legal ways of disposing their arsenals before applying for a medicinal weed license.
Oh yeah, that's going to happen.
The truth is there are so many weapons out there right now it is doubtful ATF agents are going to swoop down on everyone who owns one and applies for a marijuana license in Oklahoma. Let's face it, they're awful busy investigating mass shootings, especially during the school year. However, there is hope the law might slow down new gun sales by a small percentage.
Hey, when you're up against those beasts at the NRA any victory, no matter how minuscule, is worth celebrating.
So there it is. You now have a choice Oklahoma. Get rid of your guns so you can score some legal grass, or break the law.
I, for one, can't wait to see how it shakes out.
6-29-18
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