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Medical Marijuana Users in Illinois to Forfeit Right to Bear Arms

Christina Sarich
February 2nd, 2014
Updated 05/06/2014 at 9:56 pm
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marijuana gun 263x164 Medical Marijuana Users in Illinois to Forfeit Right to Bear ArmsIllinois is allowing patients with over 41 medical conditions, including cancer and AIDS to legally smoke pot, but a new plan proposed by state officials Tuesday will require them to give up their Second Amendment rights – the right to own a gun. They will also be fingerprinted, have a background check run on them, and pay $150 a year for the right to smoke up.

The Illinois Department of Public Health will take public comments about the proposed measure until February 7th, at which time they will be submitted to a legislative panel for approval by the end of April. From there, the rules to govern medical use of marijuana in the state will be outlined and put forth legally for residents to follow.

While parameters are expected to govern the responsible use of cannabis, it makes no sense that a state would try to remove someone’s right to bear arms. If someone drinks a glass of wine, should they not be able to stand up to the ever-more Orwellian government which currently has the right to seize your property or enter your home without a warrant?

Currently, patients desiring medical marijuana must carry an ID card and can only have access to 2.5 ounces at a time (and not replenishable for two weeks). This is hardly a drug-cartel that needs to be stripped of its artillery. There are many rules already which establish how a patient can even qualify for their ID card. And a doctor must certify their use of more than 2.5 ounces, only if it is medically needed.

Read: 7 Lame Arguments for Marijuana Prohibition

The new proposal would strip marijuana users of their Second Amendment rights even if they currently have a state firearm owner’s identification card or a concealed carry license. Violators would be subject to the ‘sanctions’ of the police. While the rules would allow patients to designate a caregiver to hold their marijuana for them so they could carry a gun, called a ‘caregiver’, they also would be required to have a background check. The Illinois State Police could reject anyone with a felony conviction or violent crime on their records, but also for any reason they see fit – including, how ironic – the possession of marijuana.

The proposal also requires all applications to be for a person 18 years of age or older and the state would have 180 days to review and either deny or approve the annual application, and process the fee.

The state Department of Agriculture still must develop rules for cultivation centers, and the Illinois Department of Financial and Professional Regulation still must draw up rules for dispensaries. You can bet they are getting direction from the National Security bodies (CIA, NSA, etc.). Make sure to voice your opinion to lawmakers if you want to hold onto your Constitutional rights and still enjoy a joint.

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  • Johnson

    Screw that….just buy black market. These guys are bigger criminals than any drug hustler

  • jay

    Lets include people people with dui’s, alchoholics, ( a drunk with a gun is pretty scarey) and anybody who’s pregnent because we know their hormones are going nuts..and anybody in Illinois legislation because we all know they are to stupid

  • grannie

    STUPID! Anyone who has smoked pot knows it does not cause violent behavior. It does the complete opposite, makes you like everyone!!!! Ban those on anti depressants, ambien and other drugs for mental illness from having guns. Those are the people who are at risk for violent behavior.

  • Doug David

    Screw Illinois. Save the $150 per year, get your medication on the street for half the cost, and KEEP YOUR GUNS.

  • Devil Weed


  • Publikjohn

    Illinois will do anything to keep people from their 2A rights.

  • Leo

    But it is okay if people who drink alcohol own guns.

  • wallyer

    Stop passing treasonous laws or give up your right to run for office again.
    People; Remember this when voting.

  • Bryan

    kill all the politicians suggesting this nonsense and do so with proper ninjas since they are so averse to bullets be kind and use shurikens. LOL

  • abinico

    Reefer madness – alive and well.

  • CoolTex

    Are people who use and possess alcohol required to give up their gun rights? This is straight up political gun taking and has nothing to do with pot…

    • PaulTim

      Well, no. Are they committing a felony?

      It ain’t about gun grabbing. It’s about enforcing the law and legal (read financial) liability. Getting a Red Card is tantamount to advertising that you are committing a felony. Felons don’t get guns.

  • Defiant

    If you live in Illinois, you’ve already forfeitted your right to bear arms. Or if you live in NYS…or Kalifornia…

  • PaulTim

    Amazing, truly amazing how people still don’t get it. The same was done in Colorado. So here the Big Clue for y’all: marijuana is still a
    prohibited narcotic under the federal Controlled Substances Act, a Schedule I drug. Marijuana is still illegal anywhere in the US (or for that matter anywhere on planet Earth, the Netherlands included), despite what certain states are doing. And much like Colorado, the State of Illinois does not want to issue gun permits to those who are going to commit a felony, that is, purchase, possession, and use of what is a federally proscribed narcotic. I didn’t write the law. I don’t enforce the law. But the law is the law. Don’t jump on me for stating what are the simple facts. One day marijuana will be descheduled. But don’t count on it being anytime soon because there is still The Single Convention on Narcotic Drugs of 1961, an international treaty, to be sorted out.


  • jon

    There is a legal term known as the Unconditional Constitutional Doctrine. It is ruling case law that was decided in 1926 “T]he power of the state […] is not unlimited; and one of the limitations is that it may not impose conditions which require relinquishment of constitutional rights. If the state may compel the surrender of one constitutional right as a condition of its favor, it may, compel a surrender of all. It is inconceivable that guarantees embedded in the Constitution of the United States may thus be
    manipulated out of existence. “Frost & Frost Trucking Co. v. Railroad Comm’n, 1926

  • jon

    T]he power of the state […] is not unlimited; and one of the
    limitations is that it may not impose conditions which require
    relinquishment of constitutional rights. If the state may compel the
    surrender of one constitutional right as a condition of its favor, it
    may, compel a surrender of all. It is inconceivable that guarantees
    embedded in the Constitution of the United States may thus be
    manipulated out of existence.
    Frost & Frost Trucking Co. v. Railroad Comm’n, 1926

  • LordPeckerwoodFour

    I think you need to give up your guns if you’re on antidepressdants.

    the last 6 mass murderers were taking them..

  • Cathy McMahan

    just smoke it if you want to, Title 21 is for man and other animals. I don’t know about most but we are not animals. We seem to forget that the people are governed by CONSENT.

  • the dude

    Bait and switch your god given rights? I think not!

  • RickCarufel

    Anyone prescribed SSRIs should not be allowed to own guns not pot smokers. The bottom line is the Gov wants to take away all rights to own guns and that right will continue to be chipped away at until it’s gone.

  • Undecider

    There is no real giving up of rights as this is an illusion. They use government peacockery to make a person believe they no longer have rights. Smoke a joint and keep your 2A gear buried. That’s all there is to it.

  • observing the farce

    It has been acknowledged that US fighter pilots are sometimes issued with amphetamine pills to keep going – shooting Hellfire missiles, with this in mind why can’t sick folk taking a little herbal pain relief own guns? Guns are for self defence, Hellfire missiles are chiefly utilzed for mass murder, oops! I mean ‘colateral damage’. I once lived in America, but due to increasingly rediculous rule making such as this I moved as far away as possible – to ‘sane’ Tasmania.

  • hanspy

    Sounds great to me.Guns away,weed in.Maybe some good come out of that.

    • magnified

      Sounds great to me too. However, history proves that once the populace is disarmed, that tyranny/genocide follow in every case. What more proof do we need, Africa, Cambodia, Germany, pre-Stalin Russia, geez. I could make this a ten-thousand word post. Now then, weed having EVER been criminal is PROOF of conspiracy of mind-control- but the reason the U.S. has never been “invaded” (except 1812) has been, the populace is ARMED, and a ground war here, if you are an invading foreign force, is ludicrous. We need to be responsibly armed- the criminals will always have this. They need to know we are ready to defend against their demonic self-preservation.
      BTW, if we legalize pot, PLEASEE don’t ‘f it up with chemicals like y’all did with tobacco. You now how f-ing hard it was to quit cigs>?? Don’t make God’s “peace-plant” physically addictive.

      • hanspy

        You forget to look at Europ.We have way more ppl, living closer together than USA or other nations you mentioned.No guns alowed or hard to get permission.And i can walk out every time on every day to every place and the last thing iam worried about is getting shot.How is that?

        • magnified

          I do look at Europe, and admire some of the areas of peaceful culture, but the U.S. was brought up as thugs by an elite bunch of slavedrivers who have rendered it necessary to arm oneself to prevent against flagrant violations of human rights. Look at China. Again, Cambodia- the Pol Pot years of the ’70′s…1st came disarmament, then genocide. If and when the next hideous global regime emerges (and it will) those who are unarmed will be 1st in line for slavery or death. However, I admire Europe’s culture more than that of the common U.S.- we are misled idiots in most cases. There is certainly a lot of brutal violence in Spain, Britain, etc. And, law abiders have no choice but to allow this to happen when it does.
          European society now is kind of like the U.S. in the 70′s. You all pretty much behave yourselves and don’t act like animals, and for that, credit is due. As for us….yeah, we’re in the hole pretty deep. It’s an ugly reality of life here.

          • ©Dave ℗ Rickmers®

            Australia certainly turned into an authoritarian state after…never mind.

  • krissyb

    When will the federal government say that if you have the right to buy alcohol you should give up your right to have a driver’s license?

  • Henry D

    I wonder if it would work if they told marijuana users they had to give up your right to vote or an attorney if arrested. How stupid this all is. I get it. If we let the gangbangers smoke pot they won’t be able to have guns and violence will disappear in Chicago. Sounds like the smoking is already underway

  • muggins5

    Hooray, Illinois . . . what a great move! I’m in total agreement with this gesture towards non-violence!
    mickey morgan

  • Elwood Blues

    The past mass killings were done by people on psychotropic drugs that were given out like candy. The media knows this but are afraid to say what harm these drugs cause. Chicago has one of the highest death tolls in the country and it’s a GUN FREE ZONE. Whether these killings are done under the influence of alcohol or psychotropic drugs doesn’t matter, what should matter is that marijuana was NEVER the cause.

    • muggins5


  • dr green thumb

    Keep your gun, but your weed from a Getto bastard like me.

  • yankee phil

    I think if you buy GMO food you shouldn’t have a gun because it demonstrates you have suicidal tendencies. Anyone who tries to take away any constitutional right from an american citizen is a traitor to the United States of America.

  • Elwood Blues

    Just another way for them to get your gun. If you take depression medication from a doctor, keep your gun. If you are an alcoholic and drunk most of the time, keep your gun. If you take a natural herb that GOD put on this earth, give up your gun State one case where anyone on marijuana has EVER picked up a gun or ANY weapon and killed.

  • DrKeteDC

    More governance by bureaucrat. It’s odd that the Dems, so proud of their hippy contributors, would come up with such a law. Give up rights so you can use an herb? The regressives are winning and if you are a Democrat, you should try to repair this asap. Statists only want power and think people are too stupid to run their own lives. If they are hell bent on stealing rights from people, I think they shouldn’t allow politicians and their bodyguards to have guns.

  • RAndrewOhge

    Though admittedly, it seems our Federal Government is paying little mind to the Constitution, to enact such a law forcing anyone into giving up such protection, would in and of itself be unconstitutional.

    If Illinois wants to raise money from Marijuana Sales, decriminalize recreational use, and tax that above what Medical Cannabis will be.

    When you add in licensing fees for distribution, tax on individual containers, as well as licensing for it’s growing, packaging and transport, it’s a cash cow, that whoever came up with this little puritanical pogrom evidently is too myopic to see.

    So, Illinois Public Health…come down off your cross, take the wood, build a bridge, and get over it.

    • Elwood Blues

      I like the last part of your comment. That was very good.

    • muggins5

      The only folk who don’t want to have a gun are the folks who never plan to use it! Please don’t tell me you will use it.