More Half (Baked) ‘Truth’ about Guns and Marijuana


I love the Bill of Rights. I love the fact that this country was formed as an idea by people far smarter than me, who were wise beyond their lifetimes.

I’m also a big fan of photography. At a young age, I had a Nikon camera and I loved to take a photograph. That’s why when I read about people taking pictures and being arrested, I started tracking the blog Photography is Not a Crime. That blog was started by a gentleman named Carlos Miller after he was arrested for taking photographs of Miami police officers doing their jobs in public.

He’s since expanded his writing beyond photography. And while I admire his activism, based on a recent article he wrote in the Miami New Times, I’m not much of a fan of the quality of his research.

His article looked at the intersection of firearms and medicinal marijuana use and the legalities involved in both. The issue at hand is something that’s been covered here and other venues, but since it keeps coming up and is the subject of continual confusion, let’s take another look.

Miller’s article quotes the operator of a medical marijuana clinic in southwest Florida:

“The most common objection heard in our clinic is ‘If I become a patient, I will have to give up my guns,’” said Patrick DeLuca, who runs the Medicann marijuana clinic in Southwest Florida. “And it’s just not true.”

There’s only one problem with this. DeLuca is absolutely wrong. No matter what state law may be, under federal law, marijuana is still a controlled substance and a person is an unlawful user and prohibited by federal law from possessing firearms or ammunition.

Miller’s article continues to spread more fake news incorrect information.

Indeed, the veracity of the claim is complicated. Medical marijuana users can’t buy guns from licensed dealers such as Walmart, but they can purchase them from private dealers through a private sales exemption commonly known as the ‘gun show

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