Why Pot Legalization Benefits the 2A

An article from the Libertarian site Based Politics, posted in it’s entirety.

The potential legalization of marijuana has become a very hot topic of late, with the federal government making some pro-legalization noises. Legalization has been a core tenant of libertarianism for years, of course, so most libertarians are thrilled.

However, the truth is that legalization may well yield significant benefits for the Second Amendment.

You see, under federal law, it’s illegal for anyone who uses a schedule 1 controlled substance to also possess a firearm. Also under current federal law, guess what’s classified as a schedule 1 controlled substance?

That’s right, marijuana.

While numerous states have legalized pot to some degree, that doesn’t negate federal law on the matter.

Many may not see the big deal. After all, most gun laws seem to be enforced at the state and local levels, and if they legalize marijuana, surely they won’t worry about federal regulations.

Unfortunately, that’s not the case.

In 2017, Honolulu police cross-referenced medical marijuana permits with gun permits, then demanded those with both to turn in their weapons.

The same thing happened in 2018 in Pennsylvania.

In 2019, a Maine man filed a lawsuit to challenge the law after he was convicted.

So yeah, this is an issue — and it’s a serious one. Especially for people who may be suffering, yet refuse to use this particular treatment out of fear they’ll face prosecution which, if found guilty, would strip them of their gun rights for life.

Yet federal legislation legalizing marijuana would change all that, depending on how the law was structured. Even rescheduling the drug to schedule 2 would likely eliminate many of the problems. Schedule 2 drugs are tightly controlled but are eligible to be prescribed by a physician. Further, though, using those drugs lawfully isn’t grounds for prosecution.

The best case is outright legalization. At this point, we have loads of data showing that legalization does not lead to more crimes or even more use of heavier drugs, so there’s no reason not to legalize it. Yet, at a minimum, we need medical legalization.

Then, those who have marijuana cards won’t have to worry about someone sending them a letter demanding their guns simply because they’re getting medically treated.

And since gun owners will be free to use it to treat any number of conditions such as anxiety, depression, and PTSD, it’s ultimately going to be a good thing for them.

Frankly, this should have happened long, long ago.

Yes, a long time ago. At the very least, when the 21st Amendment was ratified.

16 thoughts on “Why Pot Legalization Benefits the 2A

  1. I know you like a good 2A tussle, this has little to do with philosophy and “intended meanings” and more about equal application under the existing law, and I would agree. This sounds like one of those areas regarding an “oops” ripple effect when a law is changed in a focus on another aspect of life, and something slides past in another area. Gets more noticeable when states assert their individual authority to circumvent existing federal law. Because of the great political divide states are getting more creative in this manner… yet the federal courts have thought otherwise. But I agree that this appears a bit unfair.


  2. The answer is simple …have the People of These United States press their legislators in Washington change the law to make recreational use the standard.


      • You are going to have to ask that question to an attorney or to one of the thousands of people in prison because of it. There is a difference between challenging the moral culpability of the government concerning freedom and understanding what is actually written into law. The moral culpability argument has to be one that is argued in the legislature; not in the courtroom because Judges’ hands are tied by the Law. We need to get the change in the law to reach the pragmatic side of people’s rights.


      • It would seem that I asked a very easy question. It’s only convoluted because we’ve surrendered so much sovereign power to the central government. We’ve passed on the Founders vision……and find over selves in the current morass.

        Liked by 1 person

      • If you think this is a mess just wait until you get a central authoritarian government controlled by a single party for an extended period of time … then the mess that we have now will seem to be a sunday picnic.


      • I know not of what you speak. I will have to study up on “Duopoly” and “Uniparty.” I am not very current on Washington crap… though I know I should be.


  3. CI that is is very interesting I really had no idea marijuana was considered a Class 1 drug. That is really news to me and explains why neighborhoods that are selling the product in D.C. all of a sudden began closing, not to mention as a sidebar that apparently people living in these neighborhoods are concerned about the clientele marijuana seems to attract. The latter I consider an overreaction. Bill Clinton and most have tried or smoked during their high school years and college years, some beyond. I thank God I am allergic to THC. I personally have no use for it and would prefer to keep my “gun” if I owned one.

    While numerous states have legalized pot to some degree, that doesn’t negate federal law on the matter[emphasis mine].

    The latter part of the above statement really stuck with me. I do not mean to go off topic but it would be wonderful if they would apply that to illegal immigration. Just saying.


  4. I want to apologize I am unfamiliar with a lot of this so if my comment is off the mark I would not be offended if you delete it. I certainly am honest and admit I am not as smart as you. I was honest though that this is the first time I am hearing of this. The article was interesting and enlightening. You are very familiar with the law, obviously. I am a paralegal and too familiar with the law, constitutional also just not at your level. So again I humbly apologize if the above comment was not in proper context to what you wrote and the article. I appreciate learning all this. That I will say! Thank you.


      • True and one cannot deny that cannabis has helped cancer patients keep calmer and eat better by suppressing nausea due to chemotherapy.

        Liked by 1 person

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