Guns and Medical Marijuana—What Does the Recent Court Decision Really Mean?

U.S. Law Shield of Pennsylvania Independent Program Attorney Justin McShane
U.S. Law Shield of Pennsylvania Independent Program Attorney Justin McShane

On August 31, 2016, the Federal Court of Appeals for the 9th Circuit issued a ruling upholding a federal ban on the sale of firearms to persons in possession of a medical marijuana card.

The 9th Circuit, which includes California and other western states, is generally considered liberal, so it came as no surprise to court watchers when the 3-judge panel chose to back The Gun Control Act of 1968, a federal law that prohibits the sale of guns to any “unlawful user” of a federally controlled substance.

Though the Obama administration’s Justice Department refuses to pursue legal action against the states of Colorado and Washington over recently approved ballot measures allowing recreational use of marijuana, the White House has allowed the Drug Enforcement Agency to continue to classify pot as a Schedule I controlled substance.

The case, Wilson v. Lynch, stirred up a lot of responses on the internet and within the news reporting agencies, some of which were wrong or misleading.

To help put the case in perspective, we turned to U.S. Law Shield of Pennsylvania Independent Program Attorney Justin McShane to explain what impact the Court’s decision will have on your gun rights.

McShane has written a thorough article on the subject and posted it in his blog.  To read his take, click here.

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