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Guns or marijuana, but not both
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2 years agoon
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AdminAccording to the federal Gun Control Act of 1968, marijuana customers — legal and otherwise — are prohibited from possessing firearms.
By Max Savage Levenson MONTANA FREE PRESS
While marijuana became legal for adults to purchase in Montana on New Year’s Day, a key federal agency has confirmed a fact underreported in coverage of the state’s new marijuana program: It remains illegal under federal law for individuals to simultaneously possess marijuana or marijuana products and firearms, and penalties for violating that law are severe.
The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives confirmed the policy to Montana Free Press last week, noting that the federal Gun Control Act prohibits a person who possesses a controlled substance from possessing a firearm or ammunition. Cannabis is currently recognized as a Schedule 1 Controlled Substance.
“The Gun Control Act (GCA) prohibits a person who uses a controlled substance from possessing a firearm or ammunition,” ATF Public Information Officer Crystal McCoy told MTFP.
The question is complicated by a federal form required for purchasing a firearm. It asks the applicant, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” The form does not specify that even if marijuana is lawful in the applicant’s state of residence, it remains unlawful in the eyes of the bureau.
“Anyone who is currently using marijuana, whether for ‘medicinal’ purposes or otherwise, should answer ‘yes’ [on the form],” McCoy explained via email.
McCoy further noted that the Bureau’s position is longstanding. She cited a 2011 open letter penned by Arthur Herbert, the Bureau’s Assistant Director of Enforcement Programs and Services, offering guidance on the subject. “Marijuana, as mentioned above, is listed in the [Controlled Substance Act] as a Schedule I controlled substance … and Federal law does not provide any exception allowing the use of marijuana for medicinal or recreational purposes, even if authorized by state law,” Herbert wrote at the time.
McCoy additionally cited a 2011 case in which S. Rowan Wilson, a medical marijuana patient in Nevada, claimed in court that the policy violated her constitutional rights. In 2016, the 9th Circuit Court of Appeals ruled against Wilson and in favor of the U.S. Department of Justice and ATF.
In Montana, enforcement of the policy largely hinges on self-reporting, since the state is prohibited from tracking marijuana customers or putting them on a list. The Montana Department of Revenue and Department of Justice both declined to provide comment for this story. DOJ suggested contacting a federal agency.
Violations of the law are punishable with a fine of up to $10,000 and a jail sentence of up to 10 years.
As the libertarian Reason Foundation points out, the policy is unlikely to change until either marijuana is descheduled from the list of federally controlled substances or the Gun Control Act is amended to include exceptions for medical marijuana patients or states with legal marijuana markets.
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My Barking Dog is a nightmare comedy
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My Barking Dog is a nightmare comedy that tells the story of Toby and Melinda, two lonely people whose lives are forever changed the night they encounter a starving coyote at their apartment building. Over time they grow to expect him, leaving ritual offerings to entice the coyote every night. Toby and Melinda forge a connection over this visitor and share curiosity and concern about his presence in the city. The coyote expands their world–until, one night, their world is shattered. Their lives are pushed suddenly into uncharted territory, sending them on a surreal odyssey that changes their city–and the world–forever.
Directed by LX Miller. Starring Max Schneider and Denise Hergett
Verge Theater is continuing their mission to provide accessible theater to our community. Tickets for My Barking Dog are Pay What You Wish with a suggested price of $35. Audience members are offered the opportunity to select the price point that is comfortable for them when purchasing tickets.
My Barking Dog runs March 15-17, 22-24, 28-30
Performances on Thursdays, Fridays, and Saturdays begin at 7:00 p.m., with Sunday matinees offered at 3:00 p.m.
Suitable for ages 16 . No animals are harmed in the staging of this production.
Tickets are available online at www.vergetheater.com
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15 (Friday) 7:00 pm - 30 (Saturday) 8:30 pm
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Saturday, March 23rd 6:00-8:00pm We will combine the heart-opening powers of cacao with the transcendental powers of breathwork and sound. Together, these practices will give us the opportunity for a deep
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Saturday, March 23rd 6:00-8:00pm
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March 23 (Saturday) 6:00 pm - April 23 (Tuesday) 8:00 pm
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Santosha Wellness Center
169 Snowy Mountain Circle
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Thursday of the Lord’s Supper Mass St. Joseph Catholic Mission
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Thursday of the Lord’s Supper Mass
St. Joseph Catholic Mission
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