Last week, the ATF published a letter, instructing gun dealers that they are not permitted to sell firearms or ammunition to individuals whom they have “reasonable cause to believe” are using a controlled substance, including marijuana. U.S.C. Title 18, Chapter44, 922(d)(3), also known as the Gun Control Act of 1968, already had a similar provision in place, restricting gun dealers to sell to anyone using a controlled substance. The revised provision gives more discretion to the dealer.
 
Marijuana is still considered a controlled substance, and the federal government’s establishment of these new provisions supersedes state law, even though Michigan has enacted legislation which allows some individuals the use of medical marijuana.
 
If you have any questions regarding this federal law, please give our office a call.
 
Michael D. Hills

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