Maryland State Police May Not Deny Firearms to Medical Marijuana Users

April 06, 2019 Regulation

On March 7, the Maryland state senate passed a bill prohibiting the state police from purchasing a firearm on the basis of their legal use of marijuana for medicinal purposes.The bipartisan bill, authored by Sen. Michael Hough (R) and Sen. Robert Zirkin (D), reads:

“A person may not be denied the right to purchase, possess, or carry a firearm under this title solely on the basis that the person is authorized to use medical cannabis under title 13, subtitle 33 of the health – general article.”

The full senate unanimously passed the bill by a vote of 46-0. Many other states currently have policies in place restricting medical marijuana users’ access to guns. The U.S. Ninth Circuit Court of Appeals has determined that these restrictions do not violate the Second Amendment. Utah was the first state to pass legislation intended to foil such restrictions when it passed a law prohibiting the use of state or local funds to “enforce a law that restricts an individual’s right to acquire, own, or possess a firearm based solely on the individual’s possession or use of cannabis in accordance with state medical cannabis laws.”

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  • Additionally, the vast majority of states (Maryland included) do not actively try to seek out and seize currently owned firearms from patients. However, if you end up in a situation where the State Police see that you have a firearm on your person and know you are a cannabis patient, they would of course be obligated to seize your firearms. The introduction of this law would make that a bit more difficult for them, but just like with gun sellers, officers may choose to follow federal law instead.

    Forex Review | 21 April 2019 Reply

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