(9th Circuit) United States v. Dugan: Prohibition against drug users affirmed, BUT...

[Window_Seat]

This may have already been common knowledge, however, in United States v. Dugan, this is what sort of woke me up:

Erik.

[freonr22]

what constitutes a drug?

[jdberger]

it's users of illegal drugs.

not illegal aliens taking sudafed.

[jdberger]

The next question is, what constitutes an illegal drug?

Oregon is currently grappling with a MM card holder/user who also has a LTC.

Do you wave your 2A rights when you consume a State Sanctioned substance? Especially if it's "medical" or a prescriptive substance?

[Window_Seat]

The next question is, what constitutes an illegal drug?

Oregon is currently grappling with a MM card holder/user who also has a LTC.

Do you wave your 2A rights when you consume a State Sanctioned substance? Especially if it's "medical" or a prescriptive substance?

I was thinking exactly of the MM Card case (I forget the case name, but someone else knows)...

Otherwise, the Dugan court says:

who is an unlawful
user of or addicted to any controlled substance

Is MJ addictive? Has it been proven in the lab to be addictive? Does the Government have proof that it is addictive?

But the one other thing that caught my attention was this:

felons and mentally ill people
of the right to possess and carry weapons, we conclude
that Congress may also prohibit illegal drug users from possessing
firearms.

Should/Could this be used as supplemental authority to cite in Enos v. Holder? Is this something that effectively slates the Lautenberg measure?

Erik.

[anthonyca]

And SOME felons and mistermeanants cease those actions. We have seen people here who committed a crime at 18 and are now over 40 with no other crimes or arrests, but are still banned for life.

What constitutes a drug user? Does one have to be convicted in a court of law of drug use? Does one have to be an addict or casual user?

[oni.dori]

what constitutes a drug?

The next question is, what constitutes an illegal drug?

Oregon is currently grappling with a MM card holder/user who also has a LTC.

Do you wave your 2A rights when you consume a State Sanctioned substance? Especially if it's "medical" or a prescriptive substance?

Exactly what I was thinking. Also, how can you "prove" you stoped using?

[press1280]

Aside from the drug angle of the opinion, the one thing I didn't see was "possess and carry weapons in the home", just "possess and carry weapons" like its supposed to be.

[ChuangTzu]

how can you "prove" you stoped using?

You don't need to. The burden is on the state/feds/whoever to prove that you didn't stop using.

[scarville]

it's users of illegal drugs.

not illegal aliens taking sudafed.

Sudafed contains pseudoephedrine which was made a controlled substance in, IIRC, 2006.

“any person ... who is an unlawful user of or addicted to any controlled substance ..."

That could get sticky if Oregon, Utah or Wisconsin ever passes one of their perennial bills to make nicotine (or caffeine) a controlled substance.

[ALSystems]

could get sticky if Oregon, Utah or Wisconsin ever passes one of their perennial bills to make nicotine (or caffeine) a controlled substance.

I guess that could make smokers or caffeine prohibited from 2A rights

[woodsman]

I guess that could make smokers or caffeine prohibited from 2A rights

Then a large percentage of LE would be disqualified - never happen.

[SanPedroShooter]

Then a large percentage of LE would be disqualified - never happen.

Naw man they would be exempted. Havent you read the PC....

[NotEnufGarage]

Since it's a federal restriction, I would think whatever the feds deem to be illegal counts, so your state MJ card carries no weight.

[Decoligny]

Is MJ addictive? Has it been proven in the lab to be addictive? Does the Government have proof that it is addictive?

Erik.

. . . who is an unlawful user of or addicted to any controlled substance