MARIJUANA/POT ATTORNEY IN BERGEN (HACKENSACK), PASSAIC (PATERSON) AND MORRIS (MORRISTOWN) COUNTIES: FEDERAL GOVERNMENT LIMITS MEDICAL MARIJUANA IN PATIENT'S ABILITY TO PURCAHSE FIREARMS

This September, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) sent a directive to gun dealers throughout the country, prohibiting them from selling firearms to anyone who uses marijuana/pot, including medical marijuana patients authorized under state legislation. As a result of this governmental instruction, a buyer must note on a new ATF form whether he/she uses marijuana/pot. Even if the applicant answers the question "no" a dealer can still refuse to sell a firearm if there is "reasonable cause to believe that the purchaser is using or addicted to a controlled dangerous substance.”  Apparently, this directive was the product of gun dealers who were seeking advice as to how to deal with customers who used medical marijuana cards in the identification process needed to purchase firearms.

The directive has produced an avalanche of controversy among marijuana/pot users, gun advocates and even members of government. One government agent complained that the memo should have been influenced by thoughts from officials from the states that authorized medical marijuana use. He also complained about the inconsistency of the directive and the current posture of the law that allows prescription drug user to buy firearms.  Still others have complained that dealers do not have the capabilities to know when someone is smoking pot or addicted to drugs.