Honolulu medical marijuana users have 30 days to turn in their guns amid safety concerns

Citizens of  Honolulu, Hawaii who have medical marijuana permits have 30 days to turn in their weapons. The Honolulu law is an outgrowth from a 2016 ruling by the 9th Circuit Court of Appeals. In that ruling, the Court stated that it is not an infringement on a person's Second Amendment rights for them to be prohibited from purchasing guns so long as they are taking prescribed medical marijuana.

Safety concerns

The Honolulu law is being fueled by safety concerns. As medical professionals see it, the consumption of marijuana affects people's judgment and "mental status," and can lead to "irrational or unpredictable behavior." The concern is that such users are not responsible when using firearms and that the results may very well be deadly. After the City of Honolulu implemented the "no gun" law for medical marijuana users, the law was challenged by advocates for the Second Amendment. It was then that the 9th Circuit Court of Appeals made the aforementioned ruling.

Letter to medical marijuana users

The Honolulu Star Advertiser disclosed that on November 13, a letter was sent out to all registered users of medical marijuana. That letter emphatically stated: “Your medical marijuana use disqualifies you from ownership of firearms and ammunition." The letter was signed by the Chief of Police, Susan Ballard.

Federal law supersedes state laws

Even though medical marijuana is allowed under Hawaii law, it still is illegal under federal law. Mindful of that, the ATF (Alcohol, Tobacco and Firearms Agency), wrote an open letter to all holders of firearms licenses in the United States, stating: "Any person who uses or is addicted to marijuana, is prohibited by federal law from possessing firearms of ammunition." Federal law supersedes state law. As the City of Honolulu sees it, the 2011 letter from the ATF,  plus the 9th Circuit Court of Appeals' November 13 ruling, both justify its firearms bans for those who are registered marijuana users.

Ramifications for other states and cities

It is unknown at this time if the ATF will be enforcing federal laws on marijuana usage in other states and cities nationwide. Most likely, the implementation of federal law in Honolulu will suffice as a test case for the rest of the nation. And the ATF, the 9th Circuit Court of Appeals, and politicians, including city mayors, all will be watching.