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The Range
Law & Order
Marijuana Disqualification Question To Be Removed From ATF 4473
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<blockquote data-quote="JR777" data-source="post: 3553630" data-attributes="member: 45725"><p>For many years running, congress has forbade the justice department from interfering with state medical marijuana patients. It's in the spending bills every time they approve funding for the justice department, of which the ATF is a part.</p><p></p><p>The only way an otherwise legal patient could be charged for anything relating the illegality of weed on a federal level is if congress reversed course and gave the DOJ the go ahead to start charging said patients with crimes related to the federal illegality of weed (e.g. possessing, manufacturing, selling, lying on forms, etc.).</p><p></p><p>If that happened, you can bet your sweet tootsie it would be decided by the supreme court. No one can say exactly how it would play out, but the federal government would be opening Pandora's box if they ever tried, and they know it. Which is why congress will never allow it.</p><p></p><p>For one thing it would likely cost them big. They would undoubtedly lose the case by virtue of political pressure alone, and when they did it would set a huge precedent for other cases involving supremacy and desuetude. That is a serious threat to federal power that they are not going to invite. I'm not even joking, any prosecutor who tried to open that can of worms would be taking his life in his own hands, because he would be openly challenging the powers that be in their entirety.</p><p></p><p>And even if that incredibly unlikely chain of events did unfold, the likelihood of them using this particular scenario involving a 4473 is equally absurd in its own right. Again, they would be inviting a two front war with two of the most powerful lobbies on the entire planet. Pigs will fly before that happens.</p></blockquote><p></p>
[QUOTE="JR777, post: 3553630, member: 45725"] For many years running, congress has forbade the justice department from interfering with state medical marijuana patients. It's in the spending bills every time they approve funding for the justice department, of which the ATF is a part. The only way an otherwise legal patient could be charged for anything relating the illegality of weed on a federal level is if congress reversed course and gave the DOJ the go ahead to start charging said patients with crimes related to the federal illegality of weed (e.g. possessing, manufacturing, selling, lying on forms, etc.). If that happened, you can bet your sweet tootsie it would be decided by the supreme court. No one can say exactly how it would play out, but the federal government would be opening Pandora's box if they ever tried, and they know it. Which is why congress will never allow it. For one thing it would likely cost them big. They would undoubtedly lose the case by virtue of political pressure alone, and when they did it would set a huge precedent for other cases involving supremacy and desuetude. That is a serious threat to federal power that they are not going to invite. I'm not even joking, any prosecutor who tried to open that can of worms would be taking his life in his own hands, because he would be openly challenging the powers that be in their entirety. And even if that incredibly unlikely chain of events did unfold, the likelihood of them using this particular scenario involving a 4473 is equally absurd in its own right. Again, they would be inviting a two front war with two of the most powerful lobbies on the entire planet. Pigs will fly before that happens. [/QUOTE]
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