The case of Kirkland medical marijuana activist Steve Sarich suggests that there may be something fundamentally wrong with federal firearm statutes that penalize people who have not been found guilty of a crime or adjudicated to be mentally incompetent.
Instead, they are simply “disqualified” from possessing firearms, as noted in the Seattle Post-Intelligencer's on-line edition, even if it might mean – as it could in Sarich’s case – that they are rendered unable to defend themselves from home invasion robbers who might kill them. This much has already been established in the Sarich case, because he traded shots with one of four thugs who broken into his home March 15. Sarich critically wounded one of the perpetrators, and another of the group slightly wounded him with a round from the stolen shotgun he was carrying.
Sarich, 59, said he tried to buy a shotgun and a pistol a few days after the March 15 shootout to replace ones seized by investigators. He said he has no criminal record but failed the background check because of federal laws prohibiting "unlawful users" of controlled substances from buying or otherwise receiving guns. Marijuana is illegal under federal law.
The March 15 gunfight was the second case involving Sarich and King County. An earlier case from January also figures into this situation, because at that time, Sarich disclosed to investigators that he has a medical marijuana certificate after one of the deputies smelled pot.
In the aftermath of the March 15 shooting, which I wrote about here, Sarich’s two .22-caliber pistols and a pair of other firearms in the Kirkland residence were taken as evidence by King County Sheriff’s detectives, which is standard procedure. Sarich, realizing his vulnerability, subsequently tried to purchase a shotgun and handgun, but because he is a medical marijuana user – legal under this state’s statutes – he is “disqualified” from even possessing, much less buying, a firearm by federal statute.
King County sent a copy of its report on the Sarich incident to the National Instant Check System, operated by the FBI, which promptly denied the gun purchase. Federal law has no exemption for medical marijuana users. The law classifies marijuana in the same realm as heroin, period.
Sarich runs CannaCare, an organization that claims 7,000 members in the state. It helps patients with legal advice, runs clinics where patients can meet with doctors who authorize marijuana use, provides patients with marijuana clones or starter plants and delivers about 50 patients a week with usable marijuana, he said.
This column takes no position on the use of medical marijuana. This case presents a tidal wave of irony because the only recourse for Sarich and people like him to not be legally stripped of their gun rights is to get the law changed. To accomplish that, medical marijuana users in this state will have to approach lawmakers who are no friends of gun rights.
At the federal level, that would be Senators Patty Murray and Maria Cantwell, and Representatives Jay Inslee, Jim McDermott and Rick Larsen, all Democrats. Their party currently controls Congress and the White House. But ask any of them if they would push for a change in the federal marijuana statute so people like Sarich could legally possess a gun for self-defense, and chances of a warm reception fall somewhere between zero and zilch.
Seattle’s FBI spokesman Fred Gutt put this in the proper perspective. Federal statute has no exemption for medical marijuana users. Under federal law, medical marijuana use is no different than smoking pot just to get stoned, or shooting heroin to get high. It is the “illegal use of a controlled substance” in the eyes of the federal law. That’s why Sarich got flagged in the NICS check, and denied his gun purchase. His dilemma is getting mixed reviews from Seattle Times readers, who are very divided on the issue.
State Sen. Jeanne Kohl-Welles (D-Seattle), who recently insisted that it is time medical marijuana patients get “complete protection” from prosecution, is one of Olympia’s most ardent gun prohibitionists. Kohl-Welles might be horrified if Sarich asked her to help him fix the law so he could arm himself for defense against another home invasion robbery. “Complete protection” in her mind might not be so “complete” after all.
It is time to provide qualified medical-marijuana patients complete protection under the law and to directly regulate the production and dispensing of cannabis. Patients should not have to fear arrest, home searches or property seizures by law-enforcement officers. Providers who want to help patients access medical marijuana should not have to risk prosecution and robbery.—State Sen. Jeanne Kohl-Welles
In the middle of this quagmire fall the law enforcement agencies. Sarich is angry at the King County Sheriff’s Office for sharing information on his case with the NICS system. However, King County and the FBI are stuck with having to enforce gun laws that are supported by – you guessed it – the same people to whom Sarich would have to take his cause. Sheriffs and FBI agents didn’t pass those laws, politicians did.
Besides, as sheriff’s spokesman Sgt. John Urquhart noted, Sarich “has been quite open with the press… as to his status as a medical marijuana patient.” Being high profile can put you on more than one radar screen, as it were, and FBI agents are certainly capable of reading.
If there is to be any relief for Sarich and others like him, it probably would be through the legislative process. If a person legitimately uses medical marijuana to address a medical problem, the argument goes, there should be no way his or her gun rights can be stripped. One should not sacrifice a civil right or their personal safety for using a controversial remedy that is legal in more than a dozen states.
Atlanta: Ed Stone | Austin: Howard Nemerov | Boston: Ron Bokleman | Charlotte: Paul Valone | Cheyenne: Anthony Bouchard | Chicago: Don Gwinn | Cleveland: Daniel White | DC: Mike Stollenwerk | Denver: Dan Bidstrup | Fort Smith: Steve D. Jones | Grand Rapids: Skip Coryel | Knoxville: Liston Matthews | | Los Angeles: John Longenecker | Minneapolis: John Pierce | National: David Codrea | Parkersburg: Nicholas Arnold | Phoenix: Douglas Little | Pittsburgh: Dan Campbell | Seattle: Dave Workman | St. Louis: Kurt Hofmann | Tucson: Chris Woodard | Wisconsin: Gene German
Comments
What bothers me in this case that he has no criminal record, nor has he even been arrested for an offense related to Marijuana use. This is simply guilt by association, and if the Feds can legally deny your rights based on an inference, then it becomes a slippery slope indeed.
Excellent article Dave, and it shines the light quite starkly on the hypocritical division some of our lawmakers insist on making between some rights and others.
Rights are rights. It's a sad day in America where a lawmaker supports you having some but would lock you up for others, and exercising some rights will forfeit others.
I suffer from chronic pain, but do not use marijuana, in part because of the risk of losing my guns. But I know people who seem to be helped by smoking weed and medical marijuana is legal in the state where I live. They should not lose their guns because they smoke post with a doctor's OK.
I'm curious why he needs "medical" Marijuana and who were these guys who broke into his home. Sorry, if you have a condition and using pot, I'm not buying that you're "pure" as the driven snow. But, I also believe that if you are using a controlled substance and it is legal, you should be able to arm yourself. Perhaps if they make it legal to own a weapon, but you have to stay 25ft away from it when you're smoking pot.
And George Washington, by George?
What Federal Officer?
May 12-13 1765: "Sowed Hemp at Muddy hole by Swamp."
August 7, 1765: "--began to separate (sic) the Male from the Female Hemp at Do--rather too late."
George Andrews has argued, in _The Book of Grass: An Anthology of Indian Hemp_ (1967), that Washington's August 7 diary entry "clearly indicates that he was cultivating the plant for medicinal purposes as well for its fiber." He might have separated the males from the females to get better fiber, Andrew concedes--but his phrase "rather too late" suggests that he wanted to complete the separation *before the female plants were
fertilized*-
Besides marijuana should not be illegal...but than most sane people know this...
What the State needs to do is enact legislation that states the firearms and ammunition manufactured in the State and not sold outside of the State, is not subject to federal laws. Any agent of the federal government who tries to enforce these federal laws is subject to arrest, confinement, and a fine. Then this gentleman can purchase a firearm and ammunition made only in his State and only have to pass a State background check. The feds will soon learn what "State's Rights" are all about.
GUNS & DRUGS? brrrr...
Legal r not, 3rd rule of Firearms Handling: NEVER TOUCH A GUN WHILE DRUGGED! Sorry... no pity for THIS fool! CANT HAVE BOTH!! Make up ur mind. Which do 'U' want?
SAME gonna happen for CA. jobs: Booze is legal but I dont know of any legit Biz that allows u to come to work drunk! People who think otherwise...
MUST BE DRUGGED!!!!!
Just because someone uses MMj dosnt mean that they are stoned 24 hours a day, I eat it. and i only do that when i need it. Once a month to once every 2 to 3 months.
I've known several LEO's who had very serious drinking problems. They did almost all of their drinking while armed.
Drunks are way more dangerous to society at large, and an armed LEO drunk is just asking for trouble.
Ask that 100lb female bartender who refused service to a drunk armed Chicago LEO. She took quite a beating and no other patrons stepped in to help her.
I assume it's because they didn't want to get shot.
an unfortunate incident that married two controversial topics in an unflattering way. first off, i'm glad this sarich dude a) successfully defended his life against reckless hoodlums more numerous than himself an b) didn't get put through the ringer too-too hard on the med issue. obviously it is extremely dangerous to handle a firearm under the influence of any controlled substance, but you could do much worse than cannabis (with something you can legally acquire, curiously), and i doubt the intruders would oblige his request to come back when his buzz wore off in order to ease his legal liability. circumstance was not in his favor in any way here. as i understand, investigators can only confiscate the firearms used in the altercation, so im not clear why they left him high and dry like that, any clarification on that would be appreciated. at any rate, i feel these are two of the most ridiculous rights to keep from people: self defense and natural, effective medication.
oh and a quick message to anyone legally medicated on cannabis: (i dont have cancer or aids, i dont even smoke in a recreational fashion, though i wont deny that i have, but this is an issue i hold dear, as well as 2A rights) hemp oil is much more effective than smoking and even food products, as it is more concentrated thc, and you need less of the product (im talking individual droplets here) to get the beneficial effects, resulting in a drastically diminished and shortened intoxicating effect. i suggest to anyone interested in this subject typing rick simpson and/or pheonix tears into a search engine to get a perfect example of what im talking about. most ridiculous prohibition ever.
Can't we ban the ignorant government, who's always attempted these ban's? Ban the Peace Pipe too?
"Let me be a free man- free to travel, free to stop, free to work, free to trade where I choose, free to choose my own teachers, free to follow the religion of my fathers, free to talk and think and act for myself- and I will obey every law, or submit to the penalty.... When the white man treats the Indian as they treat each other, then we will have no more wars. We shall all be alike- brothers of one father and one mother, with one sky above us and one government for all.... Then the Great Spirit Chief who rules above will smile upon this land, and send rain to wash out the bloody spots made by brothers' hands from the face of the earth.... For this time the Indian race are waiting and praying.... I hope that no more groans of wounded men and women will ever go to the ear of the Great Spirit Chief above, and that all people may be one people.... Chief Joseph
If federal law prohibits marijuana, then anyone who supports the federal government is the problem.
As long as you don't hurt other people you should be able to own any guns you want and do whatever drugs you like.
It's your body, your money, and your guns.
Great article, Dave. They haven't denied me my guns because I'm using medical marijuana. They have no way of knowing that. They are denying me because I have an authorization to use it. What do you think happens to their case if I take a drug test in it comes out negative for THC? Please note that you can have a concealed carry permit, that doesn't necessarily mean that you're carrying a gun. I'm filing Public Disclosure Act requests this coming week. I'd really like to know if I'm the only medical marijuana patient who's ever been turned in to the FBI in the 12 years that the law has been in effect. This is going to get very interesting.
Steve could of been killed if he didnt have gun on your side Steve live in different state but we have same situations as far as feds we all need to stick together the only thing I've seen a stoned person get mean with is a bag of Doritos!!!!!
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