# How Is Legalizing Marijuana...Legal? **URL:** \ **Category:** Factual Questions\ **Tags:** weed-pot-marijuana\ **Created:** [November 2, 2022, 12:03pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218 "2022-11-02T12:03:26Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Pleonast](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pleonast/32/1183_2.png) [@Pleonast](https://boards.straightdope.com/u/Pleonast)\ **Post date:** [November 2, 2022, 3:49pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/21 "2022-11-02T15:49:14Z")
There’s a case currently at the Supreme Court that has commerce-clause implications and could affect marijuana and abortion-pill laws across the states. Given how unpredictable the current court majority is, I’m not confident saying what could happen. > **[California law on sale of pork raises concerns about interstate moral...](https://www.scotusblog.com/2022/10/california-law-on-sale-of-pork-raises-concerns-about-interstate-moral-disputes-in-a-balkanized-nation/)** > > A case about a California animal-welfare law became a springboard on Tuesday for the justices to explore how individual states might try to impose their moral views on their neighbors. As they considered the constitutionality of California’s... ---
**Author:** ![GaryM](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/garym/32/241_2.png) [@GaryM](https://boards.straightdope.com/u/GaryM)\ **Post date:** [November 2, 2022, 3:51pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/22 "2022-11-02T15:51:43Z")
It may not matter to you, but you are not allowed to purchase firearms anymore, at least not from a licensed dealer. ---
**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\ **Post date:** [November 2, 2022, 3:54pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/23 "2022-11-02T15:54:17Z")
Thats why I never applied for a medical card in Michigan. Was happy when it was legalized here, still am. ---
**Author:** ![Babale](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/babale/32/15666_2.png) [@Babale](https://boards.straightdope.com/u/Babale)\ **Post date:** [November 2, 2022, 3:55pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/24 "2022-11-02T15:55:55Z")
Nvm gun emoji is borked ---
**Author:** ![Dallas\_Jones](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dallas_jones/32/3277_2.png) [@Dallas\_Jones](https://boards.straightdope.com/u/Dallas_Jones)\ **Post date:** [November 2, 2022, 4:22pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/25 "2022-11-02T16:22:09Z")
> [@GaryM](#): > > It may not matter to you, but you are not allowed to purchase firearms anymore, at least not from a licensed dealer. There is also a spot on the application for a background check at your FFL dealer when you buy a gun that asks something about marijuana use. The last time I bought a gun in Oregon they pointed it out to me and told me not to answer yes or I would be denied. ---
**Author:** ![Dallas\_Jones](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dallas_jones/32/3277_2.png) [@Dallas\_Jones](https://boards.straightdope.com/u/Dallas_Jones)\ **Post date:** [November 2, 2022, 4:37pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/26 "2022-11-02T16:37:27Z")
Here are the disqualificatios for buying a gun through the federal NICS background check system. So technically anyone, even in a legal marijuana state, who has used pot cannot buy a gun. **Federal Disqualification Categories** - ​Conviction (Felony or Misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if you did not receive actual imprisonment exceeding 1 year) - Warrant (Felony or out-of-state Misdemeanor) - Felony Pre-Trial Release - Misdemeanor crimes of domestic violence - Restraining, Stalking, or Protection Order - Mental health adjudication or commitment - Unlawful use or addicted to a controlled substance (including Marijuana) - Dishonorable Discharge from the Armed Forces - Renounced U.S. Citizenship - Illegal Alien [Oregon State Police : Firearms Instant Check System (FICS) : Criminal Justice Information Services (CJIS) : State of Oregon](https://www.oregon.gov/osp/programs/cjis/pages/firearms-instant-check-system.aspx) ---
**Author:** ![Babale](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/babale/32/15666_2.png) [@Babale](https://boards.straightdope.com/u/Babale)\ **Post date:** [November 2, 2022, 4:38pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/27 "2022-11-02T16:38:56Z")
> [@Dallas\_Jones](#): > > So technically anyone, even in a legal marijuana state, who has used pot cannot buy a gun. My reaction to learning this: [![](https://pbs.twimg.com/media/EuOAlQHWQAIIHt8.png) ](https://pbs.twimg.com/media/EuOAlQHWQAIIHt8.png) ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [November 2, 2022, 4:42pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/28 "2022-11-02T16:42:48Z")
> [@GaryM](#): > > It may not matter to you, but you are not allowed to purchase firearms anymore, at least not from a licensed dealer Correct, it doesn’t currently matter to me. Should a firearm other than my old shotgun be needed in our home, my gf will be the purchaser. Also, when I got my medical card I sold my handgun to a friend. ---
**Author:** ![md-2000](https://avatars.discourse-cdn.com/v4/letter/m/9d8465/32.png) [@md-2000](https://boards.straightdope.com/u/md-2000)\ **Post date:** [November 2, 2022, 7:16pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/29 "2022-11-02T19:16:58Z")
> [@Pleonast](#): > > There’s a case currently at the Supreme Court that has commerce-clause implications and could affect marijuana and abortion-pill laws across the states. Given how unpredictable the current court majority is, I’m not confident saying what could happen. IIRC when Roberts cast the deciding vote against invalidating ACA he specifically said that the government’s Interstate Commerce Clause argument was invalid, while upholding the requirement for insurance as a tax. For what was reported at the time, I interpreted this as a sideways step towards limiting the unbridled use of the ICC in any possible scenario. (That a state not requiring medical insurance would cause some patients to cross state lines for treatment?) ---
**Author:** ![Pleonast](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pleonast/32/1183_2.png) [@Pleonast](https://boards.straightdope.com/u/Pleonast)\ **Post date:** [November 2, 2022, 7:49pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/30 "2022-11-02T19:49:11Z")
> [@md-2000](#): > > IIRC when Roberts cast the deciding vote against invalidating ACA he specifically said that the government’s Interstate Commerce Clause argument was invalid, while upholding the requirement for insurance as a tax. For what was reported at the time, I interpreted this as a sideways step towards limiting the unbridled use of the ICC in any possible scenario. Yep. What’s tough for me to understand is that support for ICC at SCOTUS is difficult to predict. Upholding the ICC would seem to make it more difficult for states to have their own regulations for marijuana, meat, and pills, while restricting it would make it easier for states to independently regulate. ---
**Author:** ![crowmanyclouds](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crowmanyclouds/32/19884_2.png) [@crowmanyclouds](https://boards.straightdope.com/u/crowmanyclouds)\ **Post date:** [November 2, 2022, 8:06pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/31 "2022-11-02T20:06:26Z")
> [@Jinx](#): > > I thought no State could pass a law less strict than US law. Are you confusing this with state constitutions not being able to restrict rights granted by the Federal Constitution? ---
**Author:** ![md-2000](https://avatars.discourse-cdn.com/v4/letter/m/9d8465/32.png) [@md-2000](https://boards.straightdope.com/u/md-2000)\ **Post date:** [November 2, 2022, 10:20pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/32 "2022-11-02T22:20:54Z")
> [@Pleonast](#): > > Yep. What’s tough for me to understand is that support for ICC at SCOTUS is difficult to predict. Upholding the ICC would seem to make it more difficult for states to have their own regulations for marijuana, meat, and pills, while restricting it would make it easier for states to independently regulate. The argument for ICC makes sense for materials that habitually cross state lines - meat being a good example. dealing with 51 different meat standards would probably be a huge headache and most meat production involves interstate commerce. Same with pills - most states don’t have pharmaceutical factories, it is by its nature interstate. However, the ICC was stretched to say, for example, that the feds could restrict possession of or growing marijuana because it might find its way into a different state. That’s obviously a debatable proposition, but back in the more “Law & Order” days the SCOTUS rubber-stamped this idea. I presume the more originalist and states rights court might seek to restrict this interpretation… ---
**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\ **Post date:** [November 2, 2022, 10:24pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/33 "2022-11-02T22:24:05Z")
States go out of their way to ensure that the Marijuana products are produced in the state. Its a huge revenue for the states. ---
**Author:** ![GaryM](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/garym/32/241_2.png) [@GaryM](https://boards.straightdope.com/u/GaryM)\ **Post date:** [November 2, 2022, 10:32pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/34 "2022-11-02T22:32:08Z")
> [@kayaker](#): > > my gf will be the purchaser Could be construed as a “straw purchase”. Just sayin. ---
**Author:** ![GaryM](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/garym/32/241_2.png) [@GaryM](https://boards.straightdope.com/u/GaryM)\ **Post date:** [November 2, 2022, 10:33pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/35 "2022-11-02T22:33:17Z")
> [@Dallas\_Jones](#): > > The last time I bought a gun in Oregon they pointed it out to me and told me not to answer yes or I would be denied So, the dealer advised you to lie on a form that could in theory put you in prison? ---
**Author:** ![ASL\_v2.0](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asl_v2.0/32/3525_2.png) [@ASL\_v2.0](https://boards.straightdope.com/u/ASL_v2.0)\ **Post date:** [November 2, 2022, 10:35pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/36 "2022-11-02T22:35:32Z")
> [@md-2000](#): > > However, the ICC was stretched to say, for example, that the feds could restrict possession of or growing marijuana because it might find its way into a different state. Not even that. IIRC, the approved rationale is that _there exists_ an interstate commerce (albeit an illegal one) in marijuana and other narcotics with or without home growers. However, marijuana is essentially fungible. Being as it is a commodity traded interstate, it matters not whether one particular home grower sells outside of their state or not: their supply is in some way influencing the wider interstate commerce in marijuana to the extent that someone might now draw from the home grower’s supply rather than from the stream of interstate commerce. It’s like it influences the stream by creating an absence of demand rather than adding to the supply directly. It’s the difference between throwing a rock into the river, and taking a rock out: both influence the flow, just in different ways. ---
**Author:** ![Dallas\_Jones](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dallas_jones/32/3277_2.png) [@Dallas\_Jones](https://boards.straightdope.com/u/Dallas_Jones)\ **Post date:** [November 2, 2022, 10:38pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/37 "2022-11-02T22:38:20Z")
Informed, not advised. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [November 2, 2022, 10:46pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/38 "2022-11-02T22:46:52Z")
> [@Si\_Amigo](#): > > States go out of their way to ensure that the Marijuana products are produced in the state. Its a huge revenue for the states. There is still a Federal law in place prohibiting transporting and distributing cannibus across state lines. So it’s not just “going out of their way” to ensure that cannibus sold in state is produced in state. In Colorado, there are still major cannibus busts and arrests made regularly. They are for unlicensed growers selling cannibus without remitting the taxes to the state. Bootleggers! ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [November 2, 2022, 10:48pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/39 "2022-11-02T22:48:04Z")
> [@ASL\_v2.0](#): > > Being as it is a commodity traded interstate No, not legally. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [November 2, 2022, 10:51pm UTC](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218/40 "2022-11-02T22:51:48Z")
Until, cannibus is legal at the Federal level, it will be an ineffecient market. The best places to grow it are probably concentrated in southern states with more sunshine. You currently can’t legally buy weed from Florida and ship it to Michigan to be sold locally. [Previous page](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218.md?page=1) [Next page](https://boards.straightdope.com/t/how-is-legalizing-marijuana-legal/974218.md?page=3)