Thursday, September 22, 2016

Medical Marijuana Card Bars Gun Ownership

Second Amendment does not protect gun ownership by people with medical marijuana cards, even though they may not necessarily be using any illegal drugs

Wilson v. Lynch, 2016 BL 2842009th Cir., No. 14-15700, 8/31/16.

   The Ninth Circuit held that a woman possessing a medical marijuana card can be prohibited from purchasing guns because of marijuana’s status as an illegal drug. Although the woman obtained the registry card to “convey a message in support of the medical use of marijuana,” she may still not purchase a gun. Traditionally, users blocked from purchasing a gun include unlawful drug users, convicted felons, or mentally ill persons. The court found, however, the prohibition from purchasing a gun while just having a medical marijuana card poses only a “moderate collateral burden” under intermediate scrutiny. The court noted that the plaintiff could minimize these burdens by surrendering her card, freeing her up to purchase a weapon.

https://www.bloomberglaw.com/public/desktop/document/Wilson_v_Lynch_No_1415700_2016_BL_284200_9th_Cir_Aug_31_2016_Cour?1474475746

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