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DOJ Memo Blocks Gun Sales to ‘Habitual Marijuana Users’ 

Example of concealed carry. Shot against a white background.

Under federal law, any consumer of cannabis cannot own or possess firearms; a recent ATF memo, however, seeks to strengthen those restrictions specifically against “habitual marijuana users.”

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A recent memo from the Bureau of Alcohol, Tobacco, Firearms, and Explosives has rescinded a 2006 allowance for gun dealers in Michigan to accept a state-concealed pistol license in lieu of a federal background check. The change, first reported by Marijuana Moment, appears to specifically target “habitual marijuana users” among other disqualified individuals.

Before the memo, anyone with a concealed pistol license (CPL) was frequently considered qualified to purchase firearms in Michigan.

“Specifically, ATF learned that CPLs were and continue to be issued to applicants who were likely prohibited due to a conviction for a misdemeanor crime of domestic violence… and to habitual marijuana users. Although possession and use of marijuana is not unlawful under Michigan law, marijuana remains a ‘controlled substance’ under Federal law, and those using marijuana are prohibited from possessing or transporting a firearm.” — Excerpt from the ATF memo, via a Marijuana Moment report

The change is mostly a formality, however, as gun owners are already required by law to disclose whether or not they use cannabis or any other controlled substances.

According to the report, the change is more likely to affect people with misdemeanor domestic violence convictions, as the charges will show up on a federal background check — in fact, the changes would only directly affect cannabis consumers if they have a cannabis-related conviction on their record. Federal cannabis prohibition, however, will continue to disrupt the second amendment rights of cannabis consumers until the disconnect between state and federal laws has been resolved.

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