Tag: state law

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Firearms and Marijuana

Sam

An illegal combination, under federal law. Regardless of the legality at the state level, marijuana is still classified at the federal level as a schedule 1 prohibited substance. This means that possessing both is a federal crime, punishable by up to $10,000 and as many as ten years in prision.

The Montana Free Press contacted the Bureau of Alcohol,Tobacco and Firearms to confirm, learning that the Federal Gun Control Act prohibits anyone who uses a controlled substance from purchasing firearms or ammunition.

Even if its medical? Yes. Even if it is medical, federal law still prohibits possession.

While the possession of marijuana alone is still a federal crime, it carries only a $1000 and up to a year of jail time for the first conviction. Add a firearm to the mix, and the potential consequence is multiplied by ten.

The state of Montana has an estimated 66% rate of gun ownership. Estimates suggest that about 20% of the adults in the state use marijuana, but those are probably low (given that using was illegal at the time of the survey, it seems very likely that people would under-report). Given these numbers, it is very probable that the two groups intersect. Federal law makes that risky.

Laws, Ordinances & Regulations

The Force of Law

Sam

It’s amazing just how many regulations/rules/statutes/ordinances/laws are out there.

What we learned in grade school civics is simple and elegant, and unfortunately far from the complete picture. In elementary school we are taught the three branches of government: executive, legislative, and judicial. This is accompanied by the simple explanation that the legislative branch (the legislature) makes the laws and the executive branch (the president) enforces them. The same model is used by the state. Simple. Easy to understand. Incomplete.

While in the strictest sense the legislature can and does pass laws and the executive branch of government does enforce them, the actual situation is far more complex. Often, what the executive branch does is create a regulatory agency to enforce the law. For example, back in the 1970’s, President Nixon established the Environmental Protection Agency and charged it with enforcing the Clean Air Act. Of course, the EPA quickly grew to handle far more than just the Clean Air Act. Like other federal departments and agencies, the EPA creates rules and regulations which have the force of law. They aren’t laws in the same sense that the laws created by the legislature are, per say, but for the guy trying to follow them, there just isn’t much difference.

How many federal regulations are there?

Statistics about federal regulations can be found here, provided by George Washington University. The entire collection of regulations is available online via the electronic code of federal regulations.

Given that George Washington University’s very nice bar graph has units in “thousands of pages”, it’s rather easy to conclude that there are lots of federal regulations. Of course, it’s likely that most of them won’t apply to any given individual, but how is one to know which ones do? Alas, without reading all of them, there doesn’t seem to be a good way to know.

And, of course, this is just federal. Each state and state agency has its own collection of regulations, plus county and local governments can pass laws (and regulations with the force of law).

The County’s list of ordinances is at least, mercifully short (Silver Butte Road, Community Decay, Park Rules of Conduct, Dog Control, Litter Control, Recodifying Ordinance). That said, the county’s regulations aren’t nearly as easy to find, being spread out across various departments.