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Thursday, June 01, 2023

Guns vs. Butter. Not exactly. Not a question of a production curve. A question of consumption and co-ownership of certain assets.

 Guns/butter - anyone who took Economics 101 might remember it.

Today, consumption, guns and marijuana.

Two links. Here:

Hours after the governor of Minnesota signed a marijuana legalization bill into law on Tuesday, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a reminder that people who use cannabis remain federally banned from purchasing and possessing guns.

The ATF St. Paul Field Division said in the warning notice that “until” marijuana is federally legalized, statute stipulates that people who actively consume cannabis are still subject to the firearms prohibition—a policy that’s being challenged in several federal courts.

“Until marijuana is legalized federally, firearms owners and possessors should be mindful that it remains federally illegal to mix marijuana with firearms and ammunition,” ATF Acting Special Agent in Charge Jeff Reed said.

“As regulators of the firearms industry and enforcers of firearms laws, we felt it was important to remind Minnesotans of this distinction as the marijuana laws adjust here in the State of Minnesota,” he said.

Second, a Reuters report from Feb. 2023:

Feb 4 (Reuters) - A federal law prohibiting marijuana users from possessing firearms is unconstitutional, a federal judge in Oklahoma has concluded, citing last year's U.S. Supreme Court ruling that significantly expanded gun rights.

U.S. District Judge Patrick Wyrick, an appointee of former Republican President Donald Trump in Oklahoma City, on Friday dismissed an indictment against a man charged in August with violating that ban, saying it infringed his right to bear arms under the U.S. Constitution's Second Amendment.

Wyrick said that while the government can protect the public from dangerous people possessing guns, it could not argue Jared Harrison's "mere status as a user of marijuana justifies stripping him of his fundamental right to possess a firearm."

He said using marijuana was "not in and of itself a violent, forceful, or threatening act," and noted that Oklahoma is one of a number of states where the drug, still illegal under federal law, can be legally bought for medical uses.

"The mere use of marijuana carries none of the characteristics that the Nation's history and tradition of firearms regulation supports," Wyrick wrote.

Laura Deskin, a public defender representing Harrison, said the ruling was a "step in the right direction for a large number of Americans who deserve the right to bear arms and protect their homes just like any other American." She called marijuana the most commonly used drug illegal at the federal level.

The U.S. Department of Justice did not respond to request for comment but is likely to appeal.

The government filed a notice of appeal

The federal trial court order and memorandum re dismissal is online.

For those not familiar with guns v. butter, Wikipedia.