Guns, cannabis don’t mix under federal law » Albuquerque Journal

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ALBUQUERQUE, NM – Let me be in the midst of the celebrations over the legalization of recreational marijuana by the state of Debbie Downer, reminding everyone that marijuana is still a controlled substance under federal law.

Not that the government will break your front door while you enjoy a cannabis brownie called “Dr. Who “repeats” or “Buckaroo Banzai” for the 16th time.

But they could.

Legal recreational marijuana use will raise some of the same conflicts with federal law that have long existed with legal medical cannabis.

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Take weapons, for example.

Nearly 50 percent of New Mexicans own a firearm, according to some studies.

But if you use marijuana on a regular basis, simply owning a gun is a crime under federal law.

Buying one is also against federal law.

This is directly in the background application.

Question 11 (e) asks:

“Are you an illegal user of, or addicted to, marijuana or a depressive stimulant, narcotic or other controlled substance? Warning: Marijuana use or possession remains unlawful under federal law, regardless of whether it has been legalized or decriminalized for medical or recreational purposes in the state you reside in. “

The applicant is asked to mark “yes” or “no”.

If the answer is yes, then you cannot buy a firearm from a licensed arms dealer.

Before signing the form, the buyer of the weapon is reminded:

“I also understand that making a false oral or written statement or providing false or misrepresented identification in relation to this transaction is a criminal offense that may be punished as a criminal offense under federal law and also violate state and / or local laws can. “

Violations of these federal laws are punishable by up to 10 years in prison.

Of course, enforcing these laws could get a little absurd.

More than 100,000 New Mexicans have an up-to-date medical cannabis card that is legally issued by the state. If half of them own a firearm, it means 50,000 people could be prosecuted for illegally possessing a firearm.

There have been a handful of federal cases since medical cannabis was legalized more than a decade ago, involving federal crimes and medical marijuana users. In most cases, the main question was whether the card had expired at the time of their arrest.

Although a marijuana user is considered a “Prohibited Person” when it comes to possession of a firearm, individuals in this category are much lower on the priority list of federal law enforcement agencies than other “Prohibited Individuals” such as country illegal and even foreigners who Visiting the country on various types of visas that are also prohibited by federal law from buying a gun.

The few hundred federal law enforcement officers and 70 or so federal attorneys in New Mexico are unable to prosecute 50,000 people.

You’re not so inclined either.

Federal agents don’t talk about such things on the file, but those I spoke to said they had more important concerns than the average medical marijuana user who owns a firearm.

They are much more interested in dealing with the violent crime that has plagued our communities.

They are interested in arresting gun owners who have previously been convicted of a crime – and they make these types of arrests on a daily basis.

They are more interested in cracking down on drug dealers who sell methamphetamine, heroin, fentanyl, or cocaine.

And they’re interested in the interface between guns and drugs.

Many of the drug dealers seem to have guns in their living rooms to protect their contraband and their profits.

Some also trade weapons for drugs. Some ship cannons to Mexico for drugs.

The drug dealers in Albuquerque have repeatedly told agents that they need firearms to protect themselves because the city is so dangerous.

The new state recreational marijuana law allows anyone over the age of 21 to grow up to six marijuana plants and own up to two ounces of cannabis outside their homes starting June 29.

In the next year, recreational cannabis will begin selling in state-licensed pharmacies.

So, if you’re a gun owner and you’re enjoying a cannabis brownie later this year, you may be breaking federal law. However, if you hear a knock on the door, it is likely a UPS or FedEx delivery and not a federal agent.

UpFront is a regular news and opinion column in the journal. Go to www.abqjournal.com/letters/new to send a letter to the editor.