by Dave Workman | Senior Editor
Implementation of Initiative 594 in Washington State has been something of a “wake-up” call to a segment of the population, many of whom may have voted for the 18-page gun control measure that requires background checks for all firearms transfers.
Evergreen State pot smokers are suddenly realizing they can no longer buy or borrow firearms privately because they either have to expose themselves as users of a controlled substance, or commit perjury on the federal Form 4473.
More than two years ago, when Colorado and Washington voters decided measures legalizing recreational marijuana use, TGM publicized the fact that marijuana is still considered an illegal substance under federal law. At that time, sources at the Bureau of Alcohol, Tobacco, Firearms and Explosives stressed that neither state’s law overrode the longstanding federal prohibition.
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A check with the US Attorney’s office in Seattle did not offer any revelations about a spike in gun-related prosecutions. There was one case in Richland that started in January 2014 involving a woman who applied for a concealed pistol license, but was denied because she is a medical marijuana user.
The woman, Bobbi Jo Floyd, was described by KOMO News, the local ABC affiliate, as “an outspoken proponent of medical marijuana and an authorized patient.” She is also a Second Amendment advocate.
At the time, Richland Police Chief Chris Skinner noted that under federal law, 18 USC 922(g)(3), an “unlawful user of, or addicted to any controlled substance” is prohibited from shipping, transporting, receiving or possessing firearms or ammunition.
For whatever reason, it appears some pot smokers—among whom may be people who actually voted for I-594—are just now discovering their dilemma. But they may not get much sympathy from the larger firearms community.
As far back as September 2011, the ATF made it abundantly clear that the conflict between federal law and any state law that, at the time, allowed just the use of medical marijuana, existed.
In a letter dated Sept. 21 of that year, ATF Assistant Director Arthur Herbert noted, “any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms and ammunition.”
