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MARIJUANA MOMENT

MARYLAND SENATE COMMITTEE APPROVES BILL TO PROTECT MEDICAL MARIJUANA PATIENTS’
GUN RIGHTS UNDER STATE LAW


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POLITICS


MARYLAND SENATE COMMITTEE APPROVES BILL TO PROTECT MEDICAL MARIJUANA PATIENTS’
GUN RIGHTS UNDER STATE LAW

Published

3 hours ago

on

February 14, 2024

By

Kyle Jaeger

A Maryland Senate committee has approved a bill that’s meant to protect gun
rights for medical marijuana patients under state law.

About one week after the Senate Judicial Proceedings Committee first took up the
legislation—as well as a separate proposal to let police search vehicles based
on the smell of cannabis—members unanimously passed the firearms bill on
Wednesday.

There was no discussion, except that the chair briefly pointed out that “we’ve
passed the bill like probably five times” over recent sessions, though the
reform has not yet been enacted into law.

States That Legalized Marijuana See Massive Reduction in Tobacco Use

States That Legalized Marijuana See Massive Reduction in Tobacco Use
Legalizing marijuana has had a major impact in tobacco consumption. Despite what
many experts thought, a new study published in the Journal of Health Economics
concluded that state-level cannabis reforms are mostly associated with “small,
occasionally significant longer-run declines in adult tobacco use.” Veuer’s
Maria Mercedes Galuppo has the story.
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Sen. Mike McKay (R) is sponsoring the current legislation, which would protect
the rights of registered medical cannabis patients to buy, own and carry
firearms under Maryland law, even though they are still restricted from doing so
under federal statute.

The Maryland legislature also took up the issue around this time last year, with
the House Judiciary Committee holding a hearing on a separate but related
measure to ensure medical marijuana patients’ gun rights are protected.



The issue has been raised in multiple state legislatures and federal courts in
recent years, as marijuana and gun rights advocates challenge the
constitutionality of the federal ban that currently prevents cannabis consumers
from owning firearms.





 

Last month in neighboring Pennsylvania, for example, a district attorney filed
suit against the Justice Department over the ban that he says violates the
Second Amendment rights of medical cannabis patients such as himself.

A Republican senator in Pennsylvania also recently said that he will soon
introduce legislation that would remove barriers under state law to medical
marijuana patients carrying firearms.



The governor of South Dakota signed a bill into law that will require patients
to check off a box on medical marijuana card applications affirming that they’re
aware that federal law prohibits cannabis consumers from buying and possessing
guns.

The federal Justice Department has insisted on the necessity of the banning
cannabis consumers for possessing guns in numerous federal courts, arguing at
points that people who use marijuana pose a unique danger, akin to permitting
people with serious mental illness to own firearms.

The question over the constitutionality of the federal gun ban for people who
use marijuana is now before the U.S. Supreme Court, which is considering taking
up the issue.

Justices are expected to decide whether they will hear a federal government
appeal of a circuit court ruling that found the firearm restriction violates the
Second Amendment.



—
Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon supporters
pledging at least $25/month get access to our interactive maps, charts and
hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to
get access.
—



The ruling came from the U.S. Court of Appeals for the Fifth Circuit, which
examined the federal statute known as Section 922(g)(3) that prevents someone
who is an “unlawful user” of an illegal drug from buying or possessing firearms.
The circuit court found the policy unconstitutional as applied to a man who
faced a conviction after admitting to having used cannabis while in possession
of a gun.

While people who use cannabis are barred from owning firearms under the statute,
a little-notice FBI memo from 2019 that recently surfaced shows that the federal
government generally does not consider it a violation of the law for medical
cannabis caregivers and growers to have guns.



Republican congressional lawmakers have filed two bills in the first half of
this current two-year session that focus on gun and marijuana policy.

Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus, filed
legislation last year to protect the Second Amendment rights of people who use
marijuana in legal states, allowing them to purchase and possess firearms that
they’re currently prohibited from having under federal law.

Senate Majority Leader Chuck Schumer (D-NY) has committed to attaching that
legislation to a bipartisan marijuana banking bill that advanced out of
committee in September.

Meanwhile, Mast is also cosponsoring a separate bill from Rep. Alex Mooney
(R-WV) this session that would more narrowly allow medical cannabis patients to
purchase and possess firearms.

> Arizona Lawmakers Approve Bill To Allow Interstate Marijuana Commerce





Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.
Related Topics:featured

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Kyle Jaeger


Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
also appeared in High Times, VICE and attn.



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