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Let Medical Marijuana Patients Have Guns, Former NRA Head Says

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Federal restrictions that criminalize medical marijuana patients are causing “real problems,” the former president of the National Rifle Association (NRA) says.

“The refusal of the federal government to accede to the judgment of the states on the issue has created problems for tens or even hundreds of thousands of gun owners who are being forced to either trade their Second Amendment rights for a chance to live pain-free or risk prosecution and imprisonment,” David Keene, who was NRA’s president until 2013, wrote in a Washington Times op-ed.

“Trading a constitutional right for pain relief is a choice no one should have to make.” — David Keene, former NRA president

The remarks are notable coming from a former top NRA official. Despite its fierce opposition to most restrictions on firearms access, the organization has shied away from calling for an end to the medical cannabis ban.

But Keene, who is also a former chairman of the American Conservative Union, is now forcefully arguing that the unchanged federal classification of marijuana as a Schedule I drug creates a “quandary” for law enforcement and forces patients to choose between committing perjury and giving up their Second Amendment rights.

“Since gun purchasers must sign a form swearing they are not habitual drug users, a holder of a marijuana prescription cannot both answer the question honestly and buy a firearm today from a gun dealer anywhere in the country,” he wrote in the op-ed, referring to a federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) document that asks whether gun purchasers use marijuana or other drugs.

When it comes to legalizing marijuana, Keene isn’t a proponent or a prohibitionist, saying “there are merits on both sides of the argument.” But, he says “the same cannot be said about whether doctors should be free to prescribe marijuana for medical purposes,” which he supports allowing.

In 2016, a federal appeals court ruled against a Nevada woman who challenged the ban on gun access for medical cannabis patients.

Last year, ATF added more explicit instructions on its gun form to clarify that even medical marijuana use in accordance with state law prevents purchases.

In the op-ed, Keene cites a recent letter Hawaii police sent asking medical cannabis patients to surrender their firearms and ammunition, calling it a “stark reminder that gun owners with a marijuana prescription are truly at risk.”

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Tom Angell is the editor of Marijuana Moment. A 15-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

Politics

Marijuana Legalization Measure Advances One Step In South Dakota

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South Dakota’s attorney general filed an official explanation of a proposed ballot measure to legalize marijuana on Friday.

While separate organizations are working to get a medical cannabis-focused initiative on the state’s 2020 ballot, activists behind this measure are hoping to incorporate recreational legalization, medical marijuana reform and hemp into one package.

Adult-use legalization would be accomplished through a constitutional amendment under the initiative, which would separately require the legislature to pass legislation creating rules for medical cannabis and hemp.

“The constitutional amendment legalizes the possession, use, transport, and distribution of marijuana and marijuana paraphernalia by people age 21 and older. Individuals may possess or distribute one ounce or less of marijuana,” Attorney General Jason Ravnsborg (R) wrote. “Marijuana plants and marijuana produced from those plants may also be possessed under certain conditions.”

The South Dakota Department of Revenue would be responsible for issuing licenses for cannabis cultivators, manufacturers, testing facilities and retailers. Individual jurisdictions would be able to opt out of allowing such facilities in their areas.

“The Department must enact rules to implement and enforce this amendment,” the explanation states. “The amendment requires the Legislature to pass laws regarding medical use of marijuana. The amendment does not legalize hemp; it requires the Legislature to pass laws regulating the cultivation, processing, and sale of hemp.”

The initiative calls for a 15 percent excise tax on marijuana sales. That revenue would be used to fund the Department of Revenue’s implementation and regulation of the legal cannabis system, with remaining tax dollars going toward public education and the state general fund.

Ravnsborg said that judicial clarification of the amendment “may be necessary” and notes that marijuana “remains illegal under Federal law.”

The attorney general issued a similar explanation of a proposed constitutional amendment to legalize medical cannabis earlier this month.

This latest move comes one day after advocacy organization New Approach South Dakota announced that their medical marijuana initiative was certified, enabling them to begin the signature gathering process.

Several other cannabis initiatives are in the process of being certified in the state, according to the attorney general’s website. In order to place constitutional amendments on the ballot, activists must collect 33,921 valid signatures from voters.

South Dakota is one of the last remaining states in the U.S. that has not legalized marijuana for any purposes.

GOP Senator Keeps Endorsing Medical Marijuana But Hasn’t Sponsored A Single Cannabis Bill

Photo courtesy of Brian Shamblen.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Elizabeth Warren’s Plan For Indian Tribes Includes Marijuana Legalization

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Sen. Elizabeth Warren (D-MA) unveiled a plan on Friday that’s aimed at holding the federal government accountable for following through on its obligations to Native American tribes, and that includes ensuring that tribal marijuana programs are protected against federal intervention.

The plan emphasized Warren’s support for a bill she filed earlier this year that “would protect cannabis laws and policies that tribal nations adopted for themselves.”

The 2020 Democratic presidential candidate, who has faced criticism over claims of Native American heritage, pointed to federal reports showing that tribal programs generally have not received adequate funding and said it is imperative that legislation be enacted to “provide resources for housing, education, health care, self-determination, and public safety” for those communities.

To that end, Warren is planning to introduce a bill called the “Honoring Promises to Native Nations Act” alongside Rep. Deb Haaland (D-NM), co-chair of the Congressional Native American Caucus. Before filing, however, the lawmakers are soliciting input on how best to draft the legislation, and are accepting written testimony until September 30.

While the proposed legislation itself doesn’t currently include marijuana-specific provisions, a press release and blog post on the topic address the senator’s sponsorship of the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, which would allow tribal communities and states to set their own cannabis policies without Justice Department interference.

In order to provide economic opportunities to Native people, that “requires streamlining and removing unnecessary administrative barriers that impede economic growth on Tribal lands, respecting tribal jurisdiction over tribal businesses, and promoting forward-looking efforts to ensure full access to new and emerging economic opportunities.”

“For example, while not every tribe is interested in the economic opportunities associated with changing laws around marijuana, a number of Tribal Nations view cannabis as an important opportunity for economic development,” Warren’s campaign blog post states.

“I support full marijuana legalization, and have also introduced and worked on a bipartisan basis to advance the STATES Act, a proposal that would at a minimum safeguard the ability of states, territories, and Tribal Nations, to make their own marijuana policies,” she wrote.

A separate press release on Warren’s Senate website also touts her support for the STATES Act, saying she “worked hard to ensure” that it included tribal protections.

“It’s beyond time to make good on America’s responsibilities to Native peoples, and that is why I’m working with Congresswoman Haaland to draft legislation that will ensure the federal government lives up to its obligations and will empower tribal governments to address the needs of their citizens,” Warren said of the overall tribal plan. “We look forward to working closely with tribal nations to advance legislation that honors the United States’ promises to Native peoples.”

In an email blast to her campaign list, Warren included “a set of additional ideas to uphold the federal government’s trust and treaty obligations with Tribal Nations and to empower Native communities,” which includes her marijuana proposal:

“New economic opportunities: We also need to respect tribal jurisdiction over tribal businesses and promote forward-looking efforts to ensure full access to new economic opportunities. For example, a number of Tribal Nations view cannabis as an important economic opportunity. I support full marijuana legalization and have advanced the STATES Act, a proposal that would safeguard the ability of Tribal Nations to make their own marijuana policies.”

There’s increased interest in ensuring that Native populations receive the same benefits and protections as states as it concerns cannabis legislation.

In June, the House passed a spending bill that included a rider stipulating that Native American marijuana programs couldn’t be infringed upon by the Justice Department. And a GOP representative filed a bill in March that would provide similar protections.

GOP Senator Keeps Endorsing Medical Marijuana But Hasn’t Sponsored A Single Cannabis Bill

Photo elements courtesy of Pixabay and NorthEndWaterFront.com.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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FBI Seeks Tips On Marijuana Industry Corruption

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The Federal Bureau of Investigation (FBI) is actively seeking tips on public corruption related to the marijuana industry, it announced on Thursday.

“States require licenses to grow and sell the drug—opening the possibility for public officials to become susceptible to bribes in exchange for those licenses,” FBI Public Affairs Specialist Mollie Halpern said on a short podcast the bureau released. “The corruption is more prevalent in western states where the licensing is decentralized—meaning the level of corruption can span from the highest to the lowest level of public officials.”

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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