Honolulu Pot Patients Have 30 Days to Turn in Their Guns

Dozens of medical marijuana cardholders in Honolulu, Hawaii have received letters from their local police department demanding they turn in their firearms within 30 days.

“Your medical marijuana use disqualifies you from ownership of firearms and ammunition,” the letter s states, citing HI Rev Stat § 134-7 (a) which 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.”

Medical marijuana is legal in Hawaii. But as the letters indicate, it has no legal recognition under federal law. That places Honoluluans in a bizarre spot, where someone taking highly addictive prescription opioids can own a gun but a medical marijuana patient can’t.

Honolulu’s policy has sparked outrage among marijuana advocacy groups, but it does have legal precedent. The U.S. 9th Circuit upheld the ATF’s prohibition on gun sales to holders of medical marijuana cards last year in a case that originated out of Nevada.

There are still some questions about the legality of Honolulu PD’s actions and, specifically, whether it misused the medical cannabis patient database when sending out the letters. Police Chief Susan Ballard confirms the letters are being reviewed.

Read the original reporting from Leafly

See also: Can Medical Marijuana Patients Legally Own Guns? 


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Tuesday, October 31, 2017 - 05:20

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