Yup, sho' nuff, drugs and guns have not yet gotten past the Feds' regulations. Can you blame them?
While the federal government hasn't stopped States from legalizing medical or recreational pot use, it's still a schedule 1 drug.
Clearly, that's true or the Form 4473 wouldn't have the question on there.
And it's a redundant question - and, personally, I think it violates the Fifth Amendment's restriction against self incrimination.
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
"Are you an unlawful user of....."
Well, since under Federal law you cannot be a "lawful user of" marijuana the questions just screams self incrimination. But I will presume without researching it that the Courts have said it does not violate the Fifth Amendment but how they go to that conclusion has got to be through twisted legal logic.
The addiction part is a whole nuthuh smoke (pun intended). The world is full of people who cannot function without their Valium, Percocet/Percodan, Adderall, or similar medications.
In case those brand names mean nothing to you I'll give you the generic names:
Diazepam
Oxycontin variations
A combination of both amphetamine and dextroamphetamine
So, how does one determine addiction? If you can't get through the day without chemical stimulation or pain reduction because you NEED those controlled substance prescription drugs are you addicted? Or do have to buy them on the street and abuse them to qualify for the Form 4473 ban?
As a lawyer and a former pharmacist I have thought about these things many times.
But this addition to Section 11e is my favorite:
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.
The TV show Blue Bloods had a whole episode devoted to a senior police officer's use of marijuana when he was traveling in a state where the drug was legal but in NY they forced him to retire. How is that fair?
Ahhhh....never mind.....pet peeve.....end rant.....
