2nd amendment and marijuana cards
2nd amendment and marijuana cards

Cannabis Legalization and the Second Amendment - Infrigement of Your Constitutional Rights?

The DEA sends warning letters to legal cannabis states about weed and gun ownership.

Posted by:
Reginald Reefer on Saturday Jun 10, 2023

2nd amendement and marijuana rights

The recent advisory from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding cannabis use and firearm ownership has reignited the debate surrounding the intersection of cannabis legalization and Second Amendment rights.


The advisory states that individuals who use marijuana, even in states where it is legal, are considered "unlawful users" of a controlled substance and are therefore prohibited from possessing firearms or ammunition under federal law.


This raises concerns about the infringement of constitutional rights and the potential weaponization of drug policy to disarm the people. In this article, we delve into the implications of this issue and explore its significance in the ongoing struggle for cannabis legalization.


The Controlled Substances Act and the Stripping of Rights:


Under the Controlled Substances Act, individuals engaging in any activity deemed "illegal" by federal law can be stripped of their constitutional rights, including the right to bear arms.


This raises questions about the fairness and constitutionality of such provisions. By categorizing cannabis as a Schedule I controlled substance, alongside drugs like LSD and heroin, the federal government has effectively limited the rights of millions of Americans who use cannabis responsibly and legally in their respective states.


Not to mention, other than the fact that people are using “illegal drugs”, what other metric are they considering to categorize drug users as “non-eligible for gun ownership?”


If someone uses LSD or MDMA, does that make them inherently more violent? Do they lack judgment? If so, what evidence is there to support this claim? You’ll find that the more you dig into these questions, the fewer answers you’ll discover.


The fact of the matter is that the only rhetoric for them to justify banning you from guns is the fact that cannabis is illegal and as a “criminal” you don’t have constitutional rights. This is the loophole I spoke about in an earlier article about the CSA and how it’s basically a slavers agreement.


Weaponizing Policy and Overreaching Government:


The ATF's advisory is just one example of how drug prohibition policies have been utilized to infringe upon constitutional rights. The ability of agencies like the Drug Enforcement Administration (DEA) to reclassify substances arbitrarily, as demonstrated by the recent controversy surrounding Delta-8 THC, raises concerns about the potential weaponization of policy to undermine individual freedoms. Such actions contribute to an overreaching government that can selectively restrict rights based on subjective interpretations of legality.


As of now, we haven’t seen the government attempting to make arbitrary rules surrounding innocuous substances like coffee or tea, but this doesn’t mean that it doesn’t have the capability to do so.


Of course, some might claim that this is just “fringe” thinking, however, if you take a cold hard look at the history of the government, you wouldn’t put it past them to do something along these lines.


Nonetheless, at the current moment, the CSA is being weaponized to deter medical cannabis users, recreational cannabis users, and any other “illicit drug user” from access to guns, which is a fundamental US right.



The Impact on Second Amendment Advocates:


The ATF's advisory has sparked concern among Second Amendment rights advocates who see it as another encroachment on their constitutional freedoms. As they tend to do.


The contradiction between state and federal laws regarding cannabis use creates confusion and exposes legal firearm owners to potential legal jeopardy. Despite Minnesota's new law explicitly  (where all of this is taking place ) stating that cannabis use cannot be the sole reason for denying someone a carry permit, the federal prohibition casts a shadow of uncertainty on gun owners.


Perhaps, this uncertainty could have larger political lobbies (though I despise them) to come together to pass cannabis.


Note, that cannabis only hasn’t passed into the legal sphere because of corporate politics.


Is This the Catalyst for Republican Action on Cannabis Legalization?


The ATF's advisory could potentially serve as a tipping point for Republicans who are wary of an overreaching government. I wouldn’t hold my breath, “Trump Derrangement Syndrome” has a bunch of them. Nonetheless, this is a hot topic for Republicans.


The infringement on Second Amendment rights and the weaponization of drug policy to disarm law-abiding citizens may prompt renewed discussions on cannabis legalization within conservative circles. The contradiction between states' rights and federal law, coupled with the erosion of individual liberties, may galvanize support for reform efforts.



The Need for Clarity and Reform:


This issue underscores the need for clarity and reform at the federal level. The lack of consistent guidance from the federal government regarding cannabis and firearms creates confusion, unfairness, and potential legal consequences for individuals in states where cannabis is legal.


We know that this topic has been addressed  in other states and the DOJ “encouraged” federal judges to not prosecute the cases where citizens sue for their legal rights as gun owners, irrespective of the lag of the government in relation to regulations.


 It is crucial for Congress or the Biden Administration to address this issue and provide clear guidelines that respect both Second Amendment rights and the evolving landscape of cannabis legalization.


I don’t know if they will…they had plenty of time to do so, but now they will be pandering to your votes again. “I know, I said I was going to do cannabis stuff…but pandemic, wars, etc…”


All excuses.




The recent advisory from the ATF regarding cannabis use and firearm ownership raises important questions about the infringement of constitutional rights, the weaponization of policy, and the need for comprehensive reform.


The conflict between state and federal laws, coupled with the selective enforcement and reclassification of substances, highlights the challenges faced by individuals seeking to exercise their rights while abiding by state laws.


 It remains to be seen whether the ATF's advisory will serve as a catalyst for renewed discussions on cannabis legalization and the protection of individual liberties.


Maybe it’s time we stop playing these games and just legalize cannabis, hell decriminalize all drugs…it shouldn’t be a crime to get high in 2023.





What did you think?

ganja leaf left  Keep reading... click here  ganja leaft right

Please log-in or register to post a comment.

Leave a Comment: