The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued an alert to Minnesota residents on Tuesday that despite the state’s recent decision to legalize marijuana, federal law still prohibits cannabis users from owning firearms.
As emphasized by the St. Paul ATF office, the federal government still categorizes marijuana as an illegal substance. Thus, individuals who smoke or ingest cannabis in any form are deemed as “unlawful users” of a controlled substance. As a result, they are barred from “shipping, transporting, receiving, or possessing firearms or ammunition.”
ATF’s acting special agent, Jeff Reed, who is in charge of the St. Paul field division, laid out the government’s position.
He said, “Until marijuana is legalized federally, firearms owners and possessors should be mindful that it remains federally illegal to mix marijuana with firearms and ammunition.”
This warning has raised alarm among conservative champions of the Second Amendment, including Rob Doar, vice president of the Minnesota Gun Owners Caucus.
Doar, well versed in the discrepancy between state and federal cannabis regulations, tells gun owners to be conscious of these legal risks.
According to Minnesota’s law, sheriffs cannot refuse a permit to carry solely because of an individual’s enrollment in the medical cannabis program or adult marijuana usage.
Doar speculated on ATF’s motives, stating, “I think if [the ATF agents] weren’t planning on enforcing it, they may have just let it go and it would kind of be a wink-wink, nudge-nudge that yes it’s illegal, but much like other federal cannabis prohibitions, we’re not going to be enforcing it.” He added, “The fact that they sent out the notice is cause for some raised eyebrows.”
This dichotomy between federal and state laws has also confounded legal experts like cannabis attorney Jason Tarasek of Vincente LLP.
Despite the federal government typically giving states leeway in managing legalized marijuana, Tarasek notes that this time, “It’s an interesting song and dance we’re going through with the federal government.”
Tarasek and Doar are both advocating for definitive guidance from the federal authorities.
As Tarasek puts it, “It would be great to get some clearer guidance from the federal government that would make people in legal markets more comfortable that they don’t need to be worried about the federal government knocking at their door.”
The Department of Justice (DOJ) did attempt to clarify this issue during the Obama years, stating they wouldn’t interfere in states that had legalized marijuana unless it conflicted with federal law enforcement priorities.
However, this policy was later reversed by former US Attorney General Jeff Sessions during the Trump administration.
Clearly, the ATF’s warning has highlighted the need for a federal policy that aligns with state laws and individual liberties.
It’s imperative we find a way to uphold the cherished Second Amendment rights of American citizens, while ensuring we maintain law and order.
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