this post was submitted on 04 Jan 2024
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[–] HelixDab2@lemm.ee 12 points 10 months ago (2 children)

I mean, what did she expect? Marijuana is still schedule 1 under the US Controlled Substances Act, and it's a federal crime, regardless of whether or not a state legalized it. This is a known problem for anyone in the marijuana business; they often have serious problems with banking because they're "drug traffickers" under federal law. Anyone that's tried to buy a gun in the last few years has seen that on form 4473, 21.e: "Are you an unlawful user of, or addicted to, marijuana [emphasis added] or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medical or recreational purposes in the state where you reside."

This is a known issue. Anyone that works in a state-legal marijuana business would have to be intentionally ignorant to not know that it's still a federal crime, and that it's still prosecuted at a federal level. So why would someone ever think that they're going to be able to be obtain citizenship when they work in a business that makes them a federal felon?

Obviously the Controlled Substances Act needs to be repealed or amended, but it until it is, maybe don't do shit like this if you aren't a citizen and want to be?

[–] kick_out_the_jams@kbin.social 6 points 10 months ago* (last edited 10 months ago) (1 children)

Anyone that’s tried to buy a gun in the last few years has seen that on form 4473, 21.e: “Are you an unlawful user of, or addicted to, marijuana [emphasis added] or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medical or recreational purposes in the state where you reside.”

This was ruled unconstitutional ~~earlier this year~~ last year ( https://www.reuters.com/legal/drug-user-cannot-be-barred-owning-guns-us-court-rules-2023-08-10/ )

[–] HelixDab2@lemm.ee 4 points 10 months ago

I believe that case is being appealed. But it's still not clear that this will be a binding precedent, given that one of the charges against Hunter Biden is that he bought a gun (which he then disposed of very badly) while he was a drug addict. (And if the prosecutor doesn't drop those charges, it will put Hunter's legal team in the unenviable position of legally challenging his father's political policy.)

But, even so, it's still on form 4473, so seeing that should at least make anyone involved in marijuana business at any level pause for a second.

Again: I'm not saying that I think that it's right that marijuana is schedule 1. I absolutely support decriminalization of marijuana. But that's still current federal law, and you aren't going to get citizenship if you're knowingly committing federal felonies.