Illinois’ new medical marijuana law is pretty strict (not unlike the new concealed carry law).
One little bugaboo: Those seeking a medical marijuana card would lose their rights to own or possess firearms in IL.
It’s all in the Chicago Tribune today:
Patients who want to qualify for medical marijuana in Illinois would have to be fingerprinted for a background check and pay $150 a year — and give up their right to own a gun, state officials proposed Tuesday.
The plan outlines how adults who have any of 41 specified medical conditions, such as cancer, AIDS or complex regional pain syndrome, may apply to get a patient registry identification card to purchase medical pot.
…
One new proposal states that a qualifying patient or caregiver may not possess a firearm, even if they have a state firearm owner’s identification card or concealed carry permit, and violators may be subject to sanctions by state police.
Todd Vandermyde, lobbyist for the National Rifle Association, said the NRA takes no position on the issue but that the rule seems to be an attempt to interpret federal law. A U.S. Department of Justice firearm application form asks if the buyer is “an unlawful user” of marijuana or other controlled substances.
Illinois regulations make clear that pot possession is still prohibited by federal law, and the state denies liability for damages arising from the program, including federal prosecution.
“It presents a novel legal conundrum,” Vandermyde said. “The courts are going to have to reconcile it.”
For people with legitimate medical conditions that can benefit from “herbal” relief as opposed to narcotics, this is a very bad choice to face.
Doubly so for caregivers who are merely transporting pot from a dispensary to the patient. Good luck enforcing that one.
Todd Vandermyde posted the following over at Capitol Fax:
Federal law asks if you are an unlawful user of a controlled substance – they still consider marijuana a controlled illegal substance.
Now Illinois has “legalized” it for some people. So there now becomes a conflict between three state laws. FOID/FCCL & MM law and the federal law on owning/possessing/carrying a gun.
I think the real problem is those care givers who have the card to transport, but not use and they lose their rights. They are put into the position of choosing a job or their rights.
In Oregon, the State Police did something similar. And revoked carry permits. It went to court and the State Supreme Court found in favor of the people with the MM cards and told the State Police their job was to implement the law not interpret it. If my memory serves me correctly.
The feds still view it as illegal no matter what. And now it appears the State Police are going to take the same view.
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