A medical marijuana activist in Washington state has been told by local law enforcement that they will not allow him to own a gun:
SEATTLE (AP) — A medical marijuana activist who nearly killed an intruder in his home during a shootout this month has been barred from buying guns because he’s a pot patient, according to an e-mail sent Tuesday by authorities.
The e-mail from the King County sheriff’s office to Steve Sarich said his paperwork authorizing him to use and grow marijuana for medical reasons was enough to deny him the possession of weapons. A copy of the e-mail was obtained by The Associated Press.
Sarich, 59, said he tried to buy a shotgun and a pistol a few days after the March 15 shootout to replace ones seized by investigators. He said he has no criminal record but failed the background check because of federal laws prohibiting “unlawful users” of controlled substances from buying or otherwise receiving guns. Marijuana is illegal under federal law.
The e-mail written by records unit supervisor Ann Swartz said that when Sarich reported a previous burglary at his Kirkland home, he showed his medical marijuana-use paperwork to investigators. The sheriff’s office then forwarded the burglary report to the FBI’s National Instant Criminal Background Check System legal staff.
“They informed us that possession of a medical drug card is sufficient to establish an inference of current use,” Swartz wrote, “and therefore possession of firearms was prohibited.”
The prohibition on Sarich buying or having guns lasts for one year from the date of the police report, or Jan. 12, 2011. Swartz noted, however, that the date is likely to be extended until March 2011 because of this month’s shootout.
As Eugene Volokh explains, there’s a federal statute involved:
The federal law underlying the prohibition is 18 U.S.C. § 922, which bars possession of guns by (among others) anyone “who is an unlawful user of or addicted to any controlled substance,” and bars transfers of guns to such people.
In other words, even though he’s never been convicted of a crime, Sarich is being denied the right to own a gun to protect himself, something which is obviously necessary given what happened to him this month. This is yet another example of the insanity of the drug war.

Even if he did have a criminal record, it should be arguable whether his right to efficient self defense should be denied. Got a criminal record? Oh too bad… here, defend your home and family with this handy dandy screwdriver.
Nearly three-quarters-of-a-century after it was made illegal; half-a-century after it was proven to be practically harmless – why is it still a crime to possess and smoke marijuana?
Here is a list of ten famous people who died as a result of nicotine abuse:
Humphrey Bogart
Edward R. Murrow
Nat King Cole
George Harrison
John Huston
Noel Coward
Betty Grable
Walt Disney
Gary Cooper
Peter Jennings
Here is another list. Ten famous people who died from alcoholism:
Billie Holiday
Jack Kerouac
Truman Capote
Lorenz Hart
Veronica Lake
Bix Beiderbecke
Montgomery Clift
Dylan Thomas
John Barrymore
Errol Flynn
Now I’m going to ask you to name for me one celebrity who has died from too much grass.
Go on, I’m waiting….
Couldn’t do it, could you? Don’t feel bad. Neither could I. Not only am I not aware of anyone ever dying in that manner, I am not aware of it happening in all recorded human history. If someone can come up with one example I’ll shut up forever on the subject. Is it a “gateway drug” as they never tire of reminding us? An argument may be made that it is. But so is Pabst Blue Ribbon. Also, ciggies and booze have absolutely no medicinal value. Marijuana has. Think about it.
Do I advocate its use? I don’t. I haven’t smoked pot in over twenty years and have no intention of taking up the habit again any time soon. But at the dawn of the second decade of the twenty-first century the question is screaming to be asked: Why are we still having this stupid conversation?
http://www.tomdegan.blogspot.com
Tom Degan
Goshen, NY
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