Medical Marijuana rules being used to confiscate guns in Hawaii

30 Nov , 2017  

While 29 states have legalized medical marijuana in some form, the drug is still illegal under federal law.  Some police departments are now selectively enforcing federal law — people can get the medical marijuana, they just can’t own guns.  Hawaii requires all medical marijuana users to register in a state-run patient registry and also requires gun owners to register all their weapons with the county police chief.

The Honolulu Star Advertiser reports that in January The Honolulu Police Department started sending out letters telling medical marijuana users that they ‘have 30 days’ to turn in their guns.  The newspaper notes:

One letter was signed by Susan Ballard, the new chief of police, and dated Nov. 13.

“Your medical marijuana use disqualifies you from ownership of firearms and ammunition,” the letter said.

In the letter, Ballard cites Hawaii Revised Statutes, Section 134-7 (a) as the reason for the move. That section reads: “No person who is a fugitive from justice or is a person prohibited from possessing firearms or ammunition under federal law shall own, possess, or control any firearm or ammunition therefor. . . .


3 Responses

  1. Ralph says:

    California, being one of the few states that hate armed citizens, will be next. I saw this coming on the horizon as the useful idiots were voting to make marijuana legal.

  2. D cowdrick says:

    BATFE and the new 4473 specifically tell you you CAN NOT use marijuana and have guns or ammunition. The ruling on this came out in 2014 and the appeal by someone in Federal courts upheld that this is a correct decision is over and I believe the Supreme Court refused to hear the case so the law is settled.
    The state of Hawaii is probably just following the BATFE letter released on this subject. To be truthful a letter from the locals telling you you have to divest yourself of guns and ammo is preferable to a Federal SWAT team taking your guns and tossing you in Federal jail awaiting trial for a felony with a 5 year or higher sentence. Plus you could SELL the guns or transfer them to a legal owner and not be arrested.
    (P.S. This doesn’t mean I AGREE with the ruling or that the fact that marijuana is Schedule 1 drug. It is just reality until Congress removes it from the Schedule 1 list, that’s what the law and courts say. The appeal of it has already been lost. )

    • johnrlott says:

      Dear Doug: The post pointed out the SELECTIVE enforcement of federal laws. As the 4473 notes: “The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.” The point of the post was to note Hawaii won’t enforce the federal law on marijuana but DOES enforce the law regarding your ability to own a gun if you use the drug.

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