Medical marijuana and the Second Amendment

A federal appeals court said last week that a ban on the sale of guns to medical marijuana card holders is not a violation of the Second Amendment.

The ruling was made by the 9th U.S. Circuit Court of Appeals, whose region includes seven Western states. (Colorado is not among them.)

The decision came in a case in Nevada, where a woman with a medical marijuana card tried to buy a gun for self-defense. A gun store refused, citing a federal rule banning gun sales to illegal drug users.

According to The Associated Press, “The 9th Circuit in its 3-0 decision said it was reasonable for federal regulators to assume a medical marijuana card holder was more likely to use the drug” — and therefore present a danger if allowed to carry a firearm.

According to the ruling, Congress has reasonably concluded that marijuana and other drug use “raises the risk of irrational or unpredictable behavior with which gun use should not be associated.”
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