Guns and Marijuana : Science Says it’s a Fine Combination

Despite many states having legalized marijuana, federal law forbids the contemporary possession of marijuana and firearms. Firearm owners are forced to choose between foregoing the benefits of medical/recreational marijuana or having their second amendment rights stripped away.

In this article, we explore :

• Why gun owners can’t use marijuana?
• Scientific studies supporting/rejecting firearms and marijuana
• Suggested solution to firearms and marijuana regulation issue

Contradicting Federal and State Law Prevents Gun Owners from Using Marijuana

Source : Guns N’ Ganja: How Federalism Criminalizes the Lawful Use of Marijuana¹

US unique decentralization of its legislation power into federal and state holds many benefits. It allows for a loose nationwide policy at federal level, and specific fine-tuning to each environment at state level.

Furthermore, various states function as laboratories to experiment and evaluate effects of policies, which can be further adopted on a nationwide basis.

More often than not, federal and state law work together harmoniously. However, there are times when federal and state law clash, making things difficult for law-abiding citizen to abide by the law.

Marijuana regulations are one of those laws where federal and state clash.

Green (2) = States with Legal Medical & Recreational Marijuana
Yellow (1) = States with Legal Medical Marijuana

As of April 3, 2019, medical and recreational marijuana have been legalized in 33 and 10 states respectively (Click here for a more updated data)². Federal law, under the Controlled Substances Act (“CSA”) however, still treat marijuana as an illegal harmful substance.

In states where marijuana is legalized, lawful marijuana usage may disqualify individuals from certain entitlements, rights and benefits under federal law.

For example, the U.S. Department of Housing and Urban Development (“HUD”) requires landlords to evict any federally assisted tenant who is using marijuana, regardless of the state law.

In states where marijuana is legalized, lawful marijuana usage would deny a person’s rights to possess and purchase firearms. Firearm licenses won’t be granted. Furthermore, individuals may be disqualified from certain entitlements, rights and benefits under federal law.
 

U.S.Code § 922(g)(3) is the Particular Federal Law Preventing Gun Owners from Marijuana Usage

U.S. Code § 922(g)(3)³:

“It shall be unlawful for 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 in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”

This legislation prevents users of Schedule I drugs pursuant to the CSA — irrespective of state law — from possessing or owning a firearm. According to a supreme court rule⁴, The purpose of this legislation is to “keep firearms out of the hands of ‘presumptively risky people.’”

Marijuana has been categorized as Schedule I drug since 1970 (see next section for Schedule I drug’s definition). Thus marijuana users are barred from the possession of firearms or ammunition.

Even though many states have legalized medical and recreational marijuana, the U.S. Department of Justice (“DOJ”) issued a memorandum in an effort to prevent any confusion and evinced its intention to continue prosecuting individuals under § 922(g)(3).

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Schedule I Drugs Definition : No Medical Use, Highly Addictive and Abusive

According to DEA⁵ (United States Drug Enforcement Administration), Schedule I drugs, substances, or chemicals are defined as :

• Drugs with no currently accepted medical use
• High potential for abuse
• Highly addictive.

Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote

To put things in perspective, marijuana (Schedule I drug) is categorized as more addictive and dangerous than methamphetamine (Schedule II drug).

Schedule II and III drugs are drugs with high potential for abuse, with use potentially leading to severe (II) / moderate-to-low (III) psychological or physical dependence. But have accepted medical uses. These drugs are also considered dangerous.

Schedule IV and V drugs have accepted medical uses, low potential for abuse, low risk for developing dependence and can be found in common medication such as cough syrups.
 

Racism and Politics Put Marijuana into a Schedule I Drug

Sources :

1. http://www.drugpolicy.org/issues/brief-history-drug-war⁶
2. https://www.history.com/topics/crime/the-war-on-drugs⁷
3. https://www.scientificamerican.com/article/the-science-behind-the-dea-s-long-war-on-marijuana/⁸

Dating back to as long as 7,000 B.C., marijuana along with a number of substances, have been used for medical, spiritual and recreational purposes around the world. The first anti-marijuana laws were directed at Mexican migrants and Mexican Americans in the 1910s and 1920s.

In the 1960s, as drugs became symbols of youthful rebellion, social upheaval, and political dissent, the government halted scientific research to evaluate their medical safety and efficacy.

In 1970, President Richard M. Nixon signed the Controlled Substances Act (CSA) into law and declared the “War on drugs“ campaign in June 1971.

With the “War on drugs“ campaign, anyone suspected of being in possession of these illegal substances have to go through extreme measures such as mandatory sentencing and no-knock warrants.

Unfortunately Nixon’s “War on drugs” targets were not illegal drug users, but rather antiwar left and black people.

Here’s what John Ehrlichman, a top Nixon aide, later admitted :

“You want to know what this was really all about. The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying. We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”

Apparently, Schedule I drug back then was a propaganda tool against Nixon’s political enemies.

Later in 1972, Nixon’s own “War on drugs” Commissioners unanimously recommended decriminalizing the possession and distribution of marijuana for personal use. Nixon ignored and rejected the recommendation.

Nixon’s stance against marijuana successfully influenced opinions of many others, as well as many federal policies and judicial decisions.

Public opinion of marijuana improved over the years due to more available research and publications. However marijuana remains a Schedule I drug.

Next we pick out some recent studies on marijuana to decide on how much marijuana induce violence behavior, and supporting evidence for medicinal marijuana uses.

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Studies Regarding Many Facets of Marijuana

There are quite abundant research on marijuana available today. But just like most social science research unfortunately, even with proper scientific and statistical method used, not all research point to the same conclusion.

Perhaps this is because there are usually many factors affecting an experiment when looking for an underlying causal effect. Or perhaps social behaviour is ever changing.

That said, if the majority of research point to the same direction, we could use the results as guidelines for our next policies/experiments and adapt accordingly.
 

Marijuana does not Increase Crime. Or at Least Less So than Alcohol.

Since the primary purpose of U.S. Code 922(g)(3) is to “keep firearms out of the hands of presumptively risky people”, we explore many research and studies regarding marijuana and crimes.
 

High on Crime? Exploring the Effects of Marijuana Dispensary Laws on Crime in California Counties

By Priscillia Hunt, Rosalie Liccardo Pacula and Gabriel Weinberger

Published date : May 2018

Source : https://www.iza.org/publications/dp/11567/high-on-crime-exploring-the-effects-of-marijuana-dispensary-laws-on-crime-in-california-counties⁹

Methodology

1. This study collected California’s violent crime, property crime and marijuana-related arrest data across all 58 counties and 14 most populous cities with population exceeding 200,000 residents from State of California Department of Justice website, beginning from January 1, 1997 to December 31, 2014. (California allowed for the legal possession and cultivation of marijuana for medicinal purposes in 1996.)

At the end of the study period, 16 out of 58 jurisdictions had legalized medical marijuana dispensaries.

*Using County data, this study fixed the issue of different marijuana regulations and crime rate within a state, resulting in better accuracy.

**Note that the crime types which were directly reduced by Marijuana Dispensary Laws, such as retailing of marijuana, possession of marijuana, etc., are not included in this report and do not affect violent and property crime rate.

2. Obtained crime data were then categorized to conform with Uniform Crime Report, which are :
• Violent crime : Homicide, Rape, Robbery, and Aggravated assault
• Property crime : Burglary, Larceny/Theft and Motor vehicle theft

A slight drawback to this study is that If 2 types of crime occurred in 1 incident, only the most severe crime was counted. Example : Suppose a criminal conducted homicide and burglary in a single incident, only homicide is counted.

3. Big events regarding marijuana in California were marked as important time triggers and examined. These events are :
• 2004 : Autonomy granted on local jurisdictions whether or not to permit dispensaries. (Statute SB 420)
• 2009 :  Supreme Court upholds California medical pot law¹⁰, marking another point in time when more counties allowed marijuana dispensaries.
• 2011 : California decriminalized recreational marijuana use and substantially changed its criminal justice system through a process that has been termed “Public Safety Realignment.”
4. Other factors were taken into account in order to single out the average effect of marijuana dispensaries allowance. These factors are :
• County-specific variation
• County-specific trend
• State trends
• Marijuana cultivation regulations
• 1 year lagged unemployment rate
• Average per capita income
• Alcohol outlets density per capita
• County population density
5. Counties became part of the “Allowed Dispensaries” group at different times throughout our sample period as they adopt laws. Results between groups that “Allowed Dispensaries” VS “Never Allowed Dispensaries” were then compared.

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Results

Violent crime rate per 100,000 residents, by Year

This data compares violent crime rate between areas that started allowing marijuana dispensaries at any period between 1997 and 2014 and those that never allowed marijuana dispensaries.

As you can see, apart from the 1997- 2001 period, violent crime rate gap between counties with and without marijuana dispensaries remained pretty much the same.

Violent crime rate, Event Study by marijuana dispensaries legalisation

Due to the fact that different counties legalized marijuana dispensaries at a different point in time, this event-based data might be more accurate to interpret.

“Year 0,” indicates when the marijuana dispensaries policy was adopted. “Year -3” and “Year 4” refer to data 3 years prior and 4 years post adoption, respectively.

Violent crime rate spiked up at adoption year then decreased in subsequent years. It is insufficient to conclude that marijuana dispensaries reduce violent crime, according to the 95% Confidence Intervals. But it is safe to say that violent crime did not increase with marijuana dispensaries.

Property crime rate per 100,000 residents, by Year

This chart is a comparison of property crime rate between areas that started allowing dispensaries at any period between 1997 and 2014 and those that never allowed dispensaries.

Property crime rate gap between counties with and without marijuana dispensaries remained pretty much the same except for the period between 2011-2012.

Property crime rate, Event Study by marijuana dispensaries legalisation

A downward trend is rather clear with property crime. However this trend began before the marijuana dispensary law. Plus 95% Confidence Interval indicates the possibility of neutral property crime rate. Thus, researchers conclude that marijuana dispensaries do not increase property crime rate.

Table 1 – Effect of Allowing Dispensaries on Violent and Property Crime Rates (p=0.05)

Property crime shows statistically significant 6.3% decrease from marijuana dispensaries (more marijuana dispensaries, less property crime).

However, it is mentioned earlier that the downward trend exists before the introduction of marijuana dispensaries law. The researcher thus, only conclude that marijuana dispensaries do not increase property crime.

Table 2 – Effect of Allowing Dispensaries by Crime Type (p=0.05)

Only theft shows statistically significant 6% decrease from marijuana dispensaries (more marijuana dispensaries, less theft).

Table 3 – Effect of Allowing Dispensaries on Marijuana-Related Arrests (p=0.05)

DUI (Driving Under the Influence) arrests shows statistically significant 8.8% – 9.1% increase  from marijuana dispensaries (more marijuana dispensaries, more DUI arrests).

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Other Marijuana-Crime Studies

• Probability of violence on days following the use of alcohol is higher than marijuana.¹¹
• Law enforcement agencies claim that marijuana dispensaries are inextricably connected to crime.¹²
• Heavy adolescent marijuana use may lead to drug and property crime and criminal justice system interactions, but not violent crime.¹³
• Marijuana use may lower the propensity to commit an aggressive act.¹⁴
• Medical marijuana laws (MMLs) leads to a decrease in violent crime in states that border Mexico due to reduced financial incentives for drug trafficking organizations.¹⁵
• Data from 11 states in the Western United States show significant drops in violent crime rate associated with state Medical Marijuana Laws.¹⁶
• Patients who reported having used cannabis at each follow-up periods were 2.44 times more likely to display violent behaviors.¹⁷

Many marijuana research conclude that marijuana do not increase violent crime nor property crime. Some even suggest the reduction of crime.

On the other hand, some research do suggest the increase in crime from marijuana, but mostly at a rate less than alcohol.

If firearm owners can legally drink alcohol and own guns at the same time, there’s really no reason why marijuana should be prohibited.

Next we explore if marijuana is highly addictive and deserved its Schedule I drug classification as federal law suggests.

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Marijuana : 9% Addiction Rate, Much Less than Other Substances

Highly addictive substance is normally troublesome for societies. First, if the particular substance has negative health effects, addicted users face a hard time exercising restraint on drug usage. Second, property crime tend to rise as addicted users need to financially sustain their addictive cycles.

Schedule I drug, including marijuana, is defined as being highly addictive. In this section we explore scientific literature addressing the addictiveness of marijuana and whether marijuana is a gateway to more harmful drugs.
 

Studies on Marijuana Addictiveness

• Low-CBD cannabis is more addictive. Regular cannabinoid use, particularly when started in adolescence, is associated with addiction.¹⁸
• 9% of people who use marijuana develop an addiction. This rate nearly doubles to 17% when marijuana use begins during the teen years.¹⁹
• Marijuana dependence exists. It is similar to other substance dependence disorders, but likely to be less severe.²⁰
• Marijuana is far less addictive than opiates.²¹
• A 1994 survey of 8,000 people, age 15-64, shows the addiction rate from the sample group:²²
• Marijuana = 9%
• Alcohol = 15%
• Cocaine = 17%
• Heroin = 23%
• Nicotine = 32%

Marijuana appears to be much less addictive than other substances.

• Significant reduction in opioid use for pain management in Michigan and California after the introduction of Medical Marijuana Laws.²³
• Opioid overdose mortality rate were 24.8% lower in states that had introduced Medical Marijuana Laws (MML). The longer the MML law was in place, the strong the effect.²⁴
• Marijuana gateway effects may exist. However, other common factors unrelated to marijuana could produce the same results.²⁵
• Marijuana use in 1984 increases the probability of cocaine use in 1988 by 29 percentage points for respondents who have never used cocaine.²⁶
• Findings are consistent with the idea of marijuana as a “gateway drug.” However, alcohol and nicotine also produce “gateway effect”.²⁷

The majority of research find marijuana as addictive, but the addiction is less severe with lower chance than many other substances including alcohol. However, marijuana usage can lead to ‘stronger’ drugs.

Schedule I drug is supposedly highly addictive, but marijuana addiction rate is just slightly more than half of alcohol addiction rate.

Next we explore what health benefits, and risks, gun owners are deprived of due to current marijuana laws.

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Health Benefits / Risks of Marijuana

Marijuana has been used medically since ancient time. And due to rising interests in marijuana, there are numerous research and studies to scientifically test its medical properties.

Also note that a Schedule I drug is supposed to have no accepted medical use.
 

The Health Effects of Cannabis and Cannabinoids : The Current State of Evidence and Recommendations for Research

By National Academies of Sciences, Engineering, and Medicine

Published date : January 28, 2017

Source : The Health Effects of Cannabis and Cannabinoids²⁸

Methodology

Since a plethora of scientific marijuana-related literature are available today, this paper compiled and analysed more than 24,000 research to produce one single credible summary answering many issues of marijuana.

A committee of experts from various related fields were then appointed to screen these huge amount of research, such that only high quality research were taken into account. Non-english, case reports, editorials, studies by “anonymous” authors, conference abstracts, and commentaries are also removed from the list. Remaining literature were then categorized into 11 groups of health endpoints and analysed.

After such tasks, the committee arrived at nearly 100 different conclusions related to marijuana.

Weight of evidence for these conclusions are also provided to further inform readers of how credible each conclusion is. These weight of evidence are:

To keep things concise, I’ll not be reporting conclusions with “Limited Evidence” and “No or Insufficient Evidence to Support or Refute the Association”. Interested readers can read the full study here.

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Results

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Other Marijuana Health Benefits/Risks Studies

• Marijuana:²⁹
• can stimulate appetite using delta-9-THC (dronabinol) taken by mouth.
• may be effective for neuropathic (nerve) pain in HIV and other patients.
• may be able to kill cancer cells while protecting normal cells. (Studies done on rodents.)
• Regular marijuana smokers have less risk of obesity.³⁰
• Regular cannabis use predicts an increased risk of schizophrenia and of reporting psychotic symptoms.³¹
• Effect of marijuana smoking on respiratory health has some significant similarities to that of tobacco smoking.³²
• Marijuana smokers tend to be more aware of their impairment, resulting in safer driving than alcohol-impaired drivers.³³
• Medical cannabis use was associated with a significant decrease in opioid use, leading to decreased number and side effects of medications, and an improved quality of life.²³

There are various and accepted marijuana health benefits (along with risks). Thus marijuana shouldn’t be categorized as a Schedule I drug and firearm owners shouldn’t have to choose between getting the necessary marijuana treatment or preserving his/her second amendment rights.

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Marijuana Doesn’t Belong in Schedule I Drug

Since Schedule I drug is defined as highly addictive, highly abusive and with no medical use, marijuana doesn’t belong in Schedule I drug according to the above mentioned research and studies.

And the initial classification of marijuana into Schedule I drug is wrongly motivated.

If marijuana isn’t a Schedule I drug, there will be more wiggle room for states to impose their own distribution, retail, or regulatory schemes. More clinical research studies to further facilitate informed decisions would also be available.

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Suggested Solution : Remove Marijuana from Schedule I Drug then Regulate Using Alcohol and Tobacco Models

Source : Guns N’ Ganja: How Federalism Criminalizes the Lawful Use of Marijuana¹

There are 2 ways to remove Marijuana from Schedule I drug.

1. Congress may add, remove, or transfer drugs from one schedule to another by using its legislative process.
2. U.S. Attorney General can use informal rulemaking through the DEA (Drug Enforcement Administration) to remove marijuana from Schedule I drug.

Scientific and medical evaluations regarding the substance, plus a recommendation from the Secretary of Health and Human Services are needed for this task.

Note that this process is usually quicker and more flexible than the Congress’s legislative option.

CSA (Controlled Substances Act) also provides a list of factors to consider in order to re- or de-schedule a substance. These factors are:

• Potential for abuse
• Risk to public health
• Risk of physical or psychological dependence

 

Similar Strategies for Alcohol and Tobacco Regulation could be used for Marijuana

After marijuana is removed from Schedule I drug category, Ira P. Robbins, a professor of law and justice at Washington College of Law, suggests that federal government could better regulate marijuana by employing similar regulatory scheme of alcohol and tobacco, as it is a more flexible, adaptable and time-tested strategy for regulating ‘harmful substances’

Alcohol and tobacco are regulated by several federal agencies on a national level. However; these federal agencies have counterparts on the state level to adapt their regulation to each specific state.

Utilising state and federal tax to control demand and supply of alcohol and tobacco, enormous amount of revenue is generated, which could be used to fund better regulative scheme or finance other beneficial project for each state or federal policy.

This tax policy is a flexible strategy, as each county or municipality which does not want to sell alcohol or tobacco can simply “opt out” of doing so. And they can also fine-tune their tax rate to curb or reinforce demand and supply accordingly.

Applicability to marijuana is evident, as Colorado and Washington has collected nearly $250 million and $320 million³⁴ respectively in cannabis-related taxes and fees in 2017.

And even though marijuana is legalized throughout Colorado, 228 out of 321 municipalities have successfully “opted out” of marijuana commercialization.

Regarding firearm ownership, by using this policy gun-friendly states could legalise marijuana usage for gun owners, while anti-gun states can still regulate as they see fit.

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Conclusion

Many research and studies find marijuana as a relatively safe substance. It doesn’t induce crime. Violent behaviour caused by marijuana is nil, or at least less than alcohol. It is also less addictive and have many accepted medical uses.

With these characteristics, marijuana doesn’t belong in Schedule I drug category. If marijuana is successfully removed from Schedule I drug, it would pave ways for firearm owners to use marijuana without being charged with felony or stripped away of any rights and benefits.
 
 

Sources

1. Guns N’ Ganja: How Federalism Criminalizes the Lawful Use of Marijuana
2. https://medicalmarijuana.procon.org/view.resource.php?resourceID=000881
3. 18 U.S. Code § 922. Unlawful acts
4. Dickerson v. New Banner Inst., Inc., 460 U.S. 103 (1983)
5. DEA – Drug Scheduling
6. http://www.drugpolicy.org/issues/brief-history-drug-war
7. https://www.history.com/topics/crime/the-war-on-drugs
8. https://www.scientificamerican.com/article/the-science-behind-the-dea-s-long-war-on-marijuana/
9. IZA DP No. 11567: High on Crime? Exploring the Effects of Marijuana Dispensary Laws on Crime in California Counties
10. Supreme Court action upholds California’s medical pot law
11. Substance use and community violence: a test of the relation at the daily level – Mulvey et al. 2006
12. White Paper on Marijuana Dispensaries – California Police Chiefs Association. 2009
13. Does heavy adolescent marijuana use lead to criminal involvement in adulthood? Evidence from a multiwave longitudinal study of urban African Americans. – Green et al. 2010
14. Does marijuana use lead to aggression and violent behavior? – Ostrowsky 2011
15. Is Legal Pot Crippling Mexican Drug Trafficking Organisations? The Effect of Medical Marijuana Laws on US Crime – Gavrilova, Kamada, and Zoutman 2017
16. Further Evidence From the Western States – Shepard, E. M., & Blackley, P. R. (2016)
17. Persistency of Cannabis Use Predicts Violence following Acute Psychiatric Discharge – Dugre, Jules & Dellazizzo, Laura & Giguère, Charles-Édouard & Potvin, S & Dumais, Alexandre. (2017)
18. Cannabinoid abuse and addiction: Clinical and preclinical findings – Panlilio, L. V., Goldberg, S. R., & Justinova, Z. (2015)
19. Marijuana Facts Parents Need to Know – National Institute on Drug Abuse; National Institutes of Health; U.S. Department of Health and Human Services (2016)
20. Marijuana Dependence and Its Treatment – Budney, A. J., Roffman, R., Stephens, R. S., & Walker, D. (2007)
21. Harvard Health Blog : Medical marijuana – Peter Grinspoon, MD (2018)
22. Comparative Epidemiology of Dependence on Tobacco, Alcohol, Controlled Substances, and Inhalants: Basic Findings From the National Comorbidity Survey – James C. Anthony, Lynn A. Warner, and Ronald C. Kessler (1994)
23. Medical Cannabis Use Is Associated With Decreased Opiate Medication Use in a Retrospective Cross-Sectional Survey of Patients With Chronic Pain. – Boehnke KF, Litinas E, Clauw DJ (2016)
24. Medical Cannabis Laws and Opioid Analgesic Overdose Mortality in the United States, 1999-2010 – Bachhuber MA, Saloner B, Cunningham CO, Barry CL. (2014)
25. Reassessing the marijuana gateway effect – Andrew R. Morral  Daniel F. McCaffrey Susan M. Paddock (2002)
26. Is Marijuana a Gateway Drug? – DeSimone, Jeffrey. (1998)
27. Is marijuana a gateway drug? – National Institute on Drug Abuse
28. The Health Effects of Cannabis and Cannabinoids
29. Marijuana: Effects, Medical Uses and Legalization – Medically reviewed by L. Anderson, PharmD (2018)
30. Obesity and Cannabis Use: Results From 2 Representative National Surveys – Yann Le Strat, Bernard Le Foll (2011)
31. Cannabis use and the risk of developing a psychotic disorder – Hall and Degenhardt 2008
32. Respiratory Effects of Marijuana and Tobacco Use in a U.S. Sample – Brent A. Moore PhD  Erik M. Augustson PhD, MPH  Richard P. Moser PhD Alan J. Budney PhD (2004)
33. The Effect of Cannabis Compared with Alcohol on Driving – Sewell, R. A., Poling, J., & Sofuoglu, M. (2009)
34. Cannabis Is A Tax Bonanza For States – Nick Kovacevich (2018)

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