Pubdate: Mon, 03 Feb 2014
Source: Columbia Chronicle (Columbia College Chicago, IL Edu)
Copyright: 2014 Columbia Chronicle
Contact:  http://www.ccchronicle.com/
Details: http://www.mapinc.org/media/2727
Author: Natalie Craig

PACKING BONGS, NOT HEAT

Illinois residents eligible to receive medical marijuana may have to
choose between the right to own a handgun and their
prescriptions.

The Illinois Department of Public Health proposed on Jan. 21 that a
qualifying medical marijuana patient or caregiver may not own a
firearm, even if they have a State Firearm Owner Identification card
or concealed carry permit.

The IDPH is seeking public input on the proposal via MCPP.Illinois.gov
through Feb. 7. The proposal will be submitted to legislators at the
end of April. If enough of the public disapproves of the proposed
rule, it can be changed, said Dan Linn, executive director of the
Illinois Chapter of the National Organization for Reform of Marijuana
Laws.

"Even if it isn't changed, I think that you will probably see a court
decision being made on it down the road anyway," Linn said.

Patients may resort to purchasing marijuana illegally from the
underground market in order to preserve their right to own firearms,
he said.

Colleen Daley, executive director of the Illinois Council Against
Handgun Violence, said the proposed rule is similar to a policy in the
Right to Carry law that states when someone is under the influence of
alcohol they may not carry firearms.

"I think it's probably a reasonable measure," Daley said. "I think the
individuals who are on certain medicines shouldn't be carrying
firearms, the same way we don't want individuals who are drinking [to
do it]."

Daley said the guidelines for legalizing marijuana should be
thoroughly evaluated.

Federal law states that anyone who is an unlawful user or addicted to
a controlled substance is prohibited from shipping, receiving,
transporting or possessing a firearm or ammunition. Although medicinal
marijuana is now legalized in Illinois, federal law dictates that no
exceptions will be made for medicinal marijuana patients, even if
state law sanctions it, according to a Sept. 21, 2011 open letter from
the U.S. Department of Justice.

Ali Nagib, assistant director of NORML, said the IDPH's proposal is an
illegitimate attempt to meet federal law criteria that seems ironic
because state laws contradict the federal laws.

"The state is perfectly happy to write a 200-page bill that says you
can violate federal law when it comes to cannabis and the Controlled
Substances Act, but you can't violate the Federal Gun Control act at
the same time," Nagib said.

Some gun rights advocates believe the proposal is a political effort
to decrease the number of guns in Illinois.

"The state of Illinois under Gov. Pat Quinn seems to have an anti-gun
bias," said John Boch, president of Guns Save Life. "They would just
assume to disarm as many people as possible, and they think that is
going to make our streets safer when in fact all we have to do is look
at Chicago, where they have strict gun control. We can all see that
crime is out of control in Chicago."

While the marijuana law went into effect Jan. 1-making Illinois one of
21 states to legalize medical cannabis-it will take the next couple of
months to draft rules to accompany the law. The Medical Marijuana Law
states that adults who have any of 33 specified medical conditions
including cancer and AIDS may apply to get a patient registry
identification card to purchase medicinal marijuana. With this card,
an annual fee of $150 and a background check, patients can purchase
2.5 ounces of marijuana every two weeks.
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MAP posted-by: Matt