The Second Amendment Rights of medical marijuana patients have come into focus lately. When Oregonian Cynthia Willis was denied a renewal for her concealed weapons permit three years ago, the medical marijuana community took notice. That case was decided in Ms. Willis’s favor, but the local sheriff , Mike Winter, wants to take it to the Supreme Court.
In September, the United States Justice Department sent letters to all federally licensed gun dealers notifying them they could not sell guns or ammunition to medical marijuana card holders. The Justice Department is using the same argument Sheriff Winter used in Willis’s case — that the Gun Control act of 1968 forbids anyone who uses a controlled substance from having a firearm.
Now, a medical technician from Nevada is suing the US government for unconstitutionally denying her her Second Amendment right to keep and bear arms, after she was not allowed to buy a gun for the purpose of self-defense. The Medical tech and professional caregiver, who holds a master’s degree and is working towards medical school to become an osteopath goes as S. Rowen Wilson in the court documents filed last week. Wilson tried to buy a Smith and Wesson .357 from a gun dealer this month, but he told her he was prohibited from selling her a firearm, or even any ammunition, because she had a medical marijuana card. She had left the question on the gun application that asks if you are an unlawful user of, or addicted to marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance, blank, but the dealer said he had personal knowledge that Ms. Wilson was a card holder. He said he had recently received a notice from the ATF that said he was forbidden from selling firearms to medical marijuana card holders. Wilson says a blanket ban violates the constitutional rights of thousands of responsible, law-biding American citizens. In her lawsuit, She accuses Eric Holder, the Bureau of Alcohol, Tobacco, Firearms and Explosives, B. Todd Jones and Aurthur Herbert, the director and assistant director of that bureau, and the United States Government of prohibiting a certain class of citizens from exercising their Constitutional Rights by enacting policies with the intent of denying the 2nd Amendment rights of persons who have registered to use medical marijuana pursuant to and in accordance with state law. Wilson herself turned to medical marijuana for severe nausea and cachexia after meeting with dozens of patients in her profession that told her of their positive experience with medical marijuana. She is suing the Governement for violating her rights under the 2nd and the 5th Amendments and is seeking compensatory and punitive damages. This is a case we will be closely monitoring as it makes its way through the courts.