* Christian County Sheriff Bruce Kettelkamp responded to the new state rules forcing medical marijuana patients would have to surrender their FOID cards and concealed carry permits by saying carrying a concealed firearm after smoking medical marijuana is OK by him. He just doesn’t want people driving high…
“I just don’t think anyone should have their second amendment rights taken away from them because they’re on a prescription for a pain killer,” said Kettelkamp.
Kettelkamp is more worried about the people with driver’s licenses and medical marijuana cards, because he doesn’t feel there is an accurate way of testing drivers to see if they’re under the influence of marijuana.
“I don’t have many murders in Christian County,” said Kettelkamp. “But I have people killed in accidents, and that’s what really concerns me about somebody driving under the influence of marijuana. We’re not going to be able to detect that. There’s no way we can do a field sobriety test on an individual that’s under the influence of marijuana.”
Welcome to Downstate.
The proposed rules, by the way, are here.
* WICS TV also asked the Illinois State Police for an explanation of the FOID/carry ban for med-mar patients…
According to a statement from the agency, “possession of both a registry identification card and a FOID card is contrary to federal law.”
It should be noted that possessing marijuana, even while following all the rules of the new Illinois program, is also not allowed under federal law.
OK, I get that. You can’t do it under federal law. However, federal law also has some big penalties for growing, selling and smoking marijuana, whether medicinal or not, and Illinois has moved beyond that silliness.
* A federal suit over this issue was filed in 2011 after the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) issued a memo to all federal firearms dealers warning of severe consequences…
The memo says that “there are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by State law…any person who uses…regardless of whether his or her state has passed legislation authorizing marijuana for medicinal purposes, is an unlawful user…and is prohibited by Federal law from possessing firearms of ammunition…..if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you…may not transfer firearms or ammunition to the person.” And indeed, Hauseur did not.
Wilson thinks that this BATFE policy violates her Second Amendment rights. With the help of Nevada lawyer Chaz Rainey of Rainey Devine, she filed suit in October in federal district court in Nevada against Department of Justice chief Eric Holder, the BATFE, and its acting director and assistant director.
As the suit says, “Ms. Wilson has never been charged with or convicted of any drug-related offense, or any criminal offense….Indeed, no evidence exists that Ms. Wilson has ever been ‘an unlawful user of, or addicted to, marijuana….’ Ms. Wilson maintains that she is not an unlawful user of or addiction to marijuana….Nonetheless, Ms. Wilson was denied her Second Amendment right to keep and bear arms based solely on her possession of a valid State of Nevada medical marijuana registry card.” The suit argues the BATFE policy also violated her Fifth Amendment right to due process since it presumes she is a prohibited drug user arbitrarily.