2022 HB276 - Allowing MJ "Patients" to Possess Firearms Vetoed By Gov Carney

[adit]

Link to the bill: https://legis.delaware.gov/BillDetail?LegislationId=79048

Carney vetoes bill to clarify gun ownership rules for medical marijuana patients

Carney cited a mismatch between federal firearms rules and the proposed state law.

www.delawarepublic.org

Gov John Carney vetoes a bill that would have clarified that medical marijuana patients are allowed to possess firearms.

The bill was an attempt to untangle a complicated knot of state and federal law: Delaware’s medical marijuana program is over a decade old, but federal firearms rules prohibit people who use marijuana from possessing a firearm.

The legislation sought to clarify that qualified medical marijuana patients can possess firearms in Delaware, but Carney argued the bill could not address a problem arising from federal rules and could instead lead to confusion.

But State Rep. Jeff Spiegelman, a bill co-sponsors, points out Delaware’s medical marijuana program is itself illegal under federal law – a conflict the state accepts.

“The Governor has chosen to continue a medical program – which I support – that’s illegal at the federal level but not chosen to allow people to keep their rights while practicing that program," he said.

He adds current rules could pressure some with chronic illnesses to seek more powerful and riskier prescription medication to retain their rights to own firearms.

“You could go to the doctor for a variety of conditions and the doctor can give you hardcore pain medications, which have proven to be disastrous for the person and the community, and keep your second amendment rights," he said. "But you can’t go and get medical marijuana and keep those same rights.”

Spiegelman says he doesn’t know what the next steps may be for Delawareans frustrated by Carney’s veto.

The bill passed unanimously in the House and with bipartisan support in the state Senate.

 

[Doctor_M]

Probably not popular, but I'm ok with this. Make a choice, pot or guns.

 

[Bertfish]

Probably not popular, but I'm ok with this. Make a choice, pot or guns.

I just want consistency. Lawful or not. Ignore parts of Federal law cause "its not right man" then follow others.

 

[USAF05]

I mean I know fully functioning and responsible people that smoke weed. And I know alcoholics with DUI’s…

 

[Brychan]

Makes no sense. Is there any other prescription than bans you from firearm ownership?

 

[eruby]

Makes no sense. Is there any other prescription than bans you from firearm ownership?

Federally, pot is illegal

Rx drugs are not

I'm with Doctor_M

 

[teratos]

Do you believe marijuana prohibition is unconstitutional?

 

[fishgutzy]

The entire state "legalization" was a trap.
Democrats knew this world create millions more prohibited people.
Some in Washington will talk of decriminalization but few will honestly move to end prohibition.

Sent from my SM-G998U using Tapatalk

 

[Darkemp]

Medical marijuana does help many people avoid the cycle of opioid additiction as a pain relief treatment for chronic untreatable conditions. The people who’s rights are trampled by this are otherwise law abiding and deserving of the right to self defense.

 

[Brychan]

Federally, pot is illegal

Rx drugs are not

I'm with Doctor_M

Ok, then when alcohol was federally illegal, did that prohibit you from buying/owning a firearm?

Pot laws are just a government cluster f@#k. Its illegal at one level, legal with Rx at another level, legal in other places, decriminalized in others.

To top off the cake Bruen should invalidate the government from having a say in restricting the 2A right. At least I have not seen a clause with shall not be infringed, except for those who consume a plant. Perhaps broccoli should be illegal, and bar gun ownership as is can cause gas which is bad for climate change.

Ok, I done now.

 

[jrumann59]

Ok, then when alcohol was federally illegal, did that prohibit you from buying/owning a firearm?

Pot laws are just a government cluster f@#k. Its illegal at one level, legal with Rx at another level, legal in other places, decriminalized in others.

To top off the cake Bruen should invalidate the government from having a say in restricting the 2A right. At least I have not seen a clause with shall not be infringed, except for those who consume a plant. Perhaps broccoli should be illegal, and bar gun ownership as is can cause gas which is bad for climate change.

Ok, I done now.

It isn't like the plant is the only restriction. Federal drug laws are a mess. But a lot of these liberal states also knew these legalize weed laws would cause an issue they have no problem with, state legalizes weed user lies on 4473 loses gun, in those states its a win-win.

 

[eruby]

Ok, then when alcohol was federally illegal, did that prohibit you from buying/owning a firearm?

Pot laws are just a government cluster f@#k. Its illegal at one level, legal with Rx at another level, legal in other places, decriminalized in others.

To top off the cake Bruen should invalidate the government from having a say in restricting the 2A right. At least I have not seen a clause with shall not be infringed, except for those who consume a plant. Perhaps broccoli should be illegal, and bar gun ownership as is can cause gas which is bad for climate change.

Ok, I done now.

In re alcohol, there was no 4473 at the time.

I'm not siding with the government.

I've said many times if you're free to walk the streets, you should be free to own, and carry a gun.

Reeferites should not be prohibited.

 

[rseymorejr]

For states, like Maryland, to legalize or decriminalize marijuana for recreational or medicinal purposes, while at the same time restricting the 2A rights of people that legally use it is disingenuous at best. The Federal government should legalize pot immediately and treat it like alcohol. Tax it, sell it through licensed outlets and punish severly anyone that has an accident while under the influence. Law enforcement would be able to focus on more pressing issues also.

 

[Muleskinner]

Probably not popular, but I'm ok with this. Make a choice, pot or guns.

So, are you OK with being forced to chose between say high blood pressure meds or guns? How about anti depressants and guns? The only way you can say yes is if you don't believe weed is a legit medication..I have no interest in using weed recreationally but it's legit medication for a lot of people..I'm not talking about the burn outs that claim they use it for help falling asleep or for anxiety. I'm talking about Parkinson's patients who use it to control trembling. Bell's Palsy who use it to control their shaking, cancer patients who use it to curb their post chemo nausea so they can eat. My oldest daughter is a high funtioning autistic with asbergers. She lives in Alaska where weed is fully legal. Without weed she lives in a physiological bubble.She has a very hard time functioning in society because her asberger's makes her extremely introverted. eating an edible in the morning gets her through the day. It's real medication and it works FAR better than the pharmaceuticals she's been prescribed

..There is no reason on this planet they cannot use weed medically and not own a firearm...except there are some words in a book somewhere that say it's illegal....If they can take away your 2A rights for medical weed they can take away your 2A rights for any medication they see fit. STOP GIVING THEM PRECEDENT..because they will almost always abuse it..

 

[eruby]

So, are you OK with being forced to chose between say high blood pressure meds or guns? How about anti depressants and guns? The only way you can say yes is if you don't believe weed is a legit medication..I have no interest in using weed recreationally but it's legit medication for a lot of people..I'm not talking about the burn outs that claim they use it for help falling asleep or for anxiety. I'm talking about Parkinson's patients who use it to control trembling. Bell's Palsy who use it to control their shaking, cancer patients who use it to curb their post chemo nausea so they can eat. My oldest daughter is a high funtioning autistic with asbergers. She lives in Alaska where weed is fully legal. Without weed she lives in a physiological bubble.She has a very hard time functioning in society because her asberger's makes her extremely introverted. eating an edible in the morning gets her through the day. It's real medication and it works FAR better than the pharmaceuticals she's been prescribed

..There is no reason on this planet they cannot use weed medically and not own a firearm...except there are some words in a book somewhere that say it's illegal....If they can take away your 2A rights for medical weed they can take away your 2A rights for any medication they see fit. STOP GIVING THEM PRECEDENT..because they will almost always abuse it..

You're way off about Doctor_M

All he is saying is since pot is illegal Federally, one must make a choice

HBP meds are not illegal

 

[Doctor_M]

Thanks, E. Should it be legalized federally? We can have that debate. I belive I know how the constitional ammendment in MD will play out. Is it currently legal at the federal level? No it is not.

 

[Biggfoot44]

In this direct instance , the Delaware Gov did the right move . Anything the Delaware Assembly does can not make it not illegal to do weed and and posess firearms . All it could do is mislead Delaware residents and set them up .

 

[welder516]

I know when i applied for a permit in Maryland the interview question was are you a drunkard, other forms you fill out mention drug use.

I do believe that is the case, i believe many laws are stupid and uncalled for. The government (USA)is creating a lawless country with the bail laws and crime & punishment.
What are we to do?

 

[CrueChief]

The entire state "legalization" was a trap.
Democrats knew this world create millions more prohibited people.
Some in Washington will talk of decriminalization but few will honestly move to end prohibition.

Sent from my SM-G998U using Tapatalk

This.

There is no way the dems will without serious pressure from "their" voters are they going to let pot card holders have a gun. It was and is part of their plan to limit gun ownership since they can't ban guns outright, yet.

 

[adit]

In this direct instance , the Delaware Gov did the right move . Anything the Delaware Assembly does can not make it not illegal to do weed and and posess firearms . All it could do is mislead Delaware residents and set them up .

Then how were they able to make weed "legal" in the State? By ignoring Federal law.

They could do the same in this instance, but he wouldn't allow it, because "guns".