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Marijuana Use, Prohibited Persons & Explosives : ATF Comments

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Article first appeared on Ammoland.com

Washington. DC – -(Ammoland.com)- ATF has received a number of inquiries regarding the use of marijuana for medicinal and recreational purposes and its applicability to Federal explosives laws.

A number of States have passed legislation allowing the use of marijuana for medicinal or recreational purposes, and some of these States issue a card authorizing such use. Federal law under 18 U.S.C. § 842(d)(5) prohibits any person from knowingly distributing explosive materials to any individual who is “an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).”

Further, § 842(i)(3) prohibits any person who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. § 802)) “to ship or transport any explosive in or affecting interstate or foreign commerce or to receive or possess any explosive which has been shipped or transported in or affecting interstate or foreign commerce.”

Marijuana is listed in the Controlled Substances Act as a Schedule I controlled substance, and there are no exceptions in Federal law for marijuana used for medicinal purposes, even if such use is sanctioned by State law.

The Federal government does not recognize marijuana as a medicine as the U.S. Food and Drug Administration has determined that marijuana has a high potential for abuse, has no currently accepted medical use in treatment in the United States, and lacks an accepted level of safety for use under medical supervision. Therefore, any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal or recreational purposes, is an unlawful user of a controlled substance and is prohibited by Federal law from receiving or possessing explosive materials that have been shipped or transported in the United States.

Such persons should answer “yes” to question 14.b. on ATF Form 5400.13/5400.16 (June 2012), Application for Explosives License or Permit and “yes” to question 19 on ATF Form 5400.28, Employee Possessor Questionnaire (February 2013).

Further, if you are aware that a potential transferee, or an employee or responsible person taking possession of explosives on behalf of a transferee, has been issued a card authorizing the possession and/or use of marijuana under State law, then you may not transfer explosive materials to the person, even if the person possesses a Federal explosives license or permit.

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