Of the roughly 500 firearm permit applications denied by officials in Hawaii last year, more than 40 percent were rejected because of applicants\u2019 status as medical marijuana patients, according to new data from the state attorney general\u2019s office.<\/p>\n
Across Hawaii, state-legal cannabis use was the leading cause of gun permits being denied (40.7 percent), with mental health issues responsible for about a quarter of rejections and domestic violence disqualifying about 7 percent.<\/p>\n
That said, a relatively small portion of firearm registrations were rejected by law enforcement last year. Of 23,528 applications processed during 2023, only 519\u2014about 2.2 percent\u2014were denied.<\/p>\n
Of the rejected applications, 211 resulted from medical marijuana. Those denials included not only patients currently enrolled in the state program but also former patients. As the AG report notes, \u201cpolice departments allow former patients to apply for firearms no less than one year after the expiration of their medical marijuana card.\u201d<\/p>\n
Under federal law, being an \u201cunlawful user\u201d of a controlled substance, including marijuana, means a person cannot legally buy or possess a gun.<\/p>\n
Notably, the report<\/a> showed that rejection rates varied significantly by region. In Kauai County, for instance, just 0.2 percent of applications were denied in 2023, compared to about 6.9 percent in Hawaii County, which comprises the Big Island.<\/p>\n Of 332 denials in Hawaii County last year, 191\u2014about 57.5 percent\u2014were due primarily to medical marijuana.<\/p>\n Hawaii County Police Chief Benjamin Moszkowicz said he was initially surprised by the disparity.<\/p>\n \u201cI got this report the same day that it was released out to the general public, and I immediately had kind of some of those same questions, like why are we denying so much more than the other counties?\u201d he told Hawai\u2019i Public Radio<\/a> (HPR). \u201cSo in this particular set of circumstances, most of our application denials center around medical marijuana applicants.\u201d<\/p>\n Hawaii County was unique in the state, Moszkowicz explained, because other counties didn\u2019t consider a medical marijuana permit disqualifying if it\u2019s been expired for a year or more. Hawaii County, by contrast, had considered a past permit an automatic disqualifier.<\/p>\n As of Monday, Hawaii County has reportedly stopped automatically denying firearm applications from people whose medical marijuana enrollment lapsed more than a year ago.<\/p>\n Moszkowicz also said that three quarters of applicants who were initially denied over past medical marijuana enrollments were eventually approved \u201cafter returning with documentation from a doctor or counselor saying they were no longer adversely affected,\u201d according to HPR.<\/p>\n \u201cI don\u2019t think we were doing anything wrong by denying people\u2019s applications under that section and asking them to, you know, basically redeem that right by providing what the statute suggests. But at the same time, because such a large percentage of those people were able to get that documentation so quickly, actually, we changed our policy,\u201d Moszkowicz told the outlet. \u201cSo in the last day or two, we\u2019ve changed our policy and our practice to align with the other counties. And that\u2019s a direct result of this report.\u201d<\/p>\n Overall, gun registrations are significantly up in Hawaii in recent decades.<\/p>\n \u201cFirearm registration activity increased dramatically over the course of the 24 years for which these data have been systematically complied and reported,\u201d the AG\u2019s office said in a press release<\/a>. \u201cFrom 2000 through 2023, the number of statewide permit applications processed annually increased by 262.6%, the number of firearms annually registered leapt by 280.5%, and the number of firearms annually imported climbed 263.4%.\u201d<\/p>\n The U.S. Supreme Court is expected to decide soon whether to hear a government appeal of a circuit court ruling that found the federal firearm restriction violates the Second Amendment.<\/p>\n That ruling came from the U.S. Court of Appeals for the Fifth Circuit,\u00a0which examined the federal statute known as Section 922(g)(3)<\/a>\u00a0that prevents someone who is an \u201cunlawful user\u201d of an illegal drug from buying or possessing firearms. The circuit court found the policy unconstitutional as applied to a man who faced a conviction after admitting to having used cannabis while in possession of a gun.<\/p>\n Some states have passed their own laws either further restricting or attempting to preserve gun rights as they relate to marijuana. Last month, for example, a Pennsylvania lawmaker introduced a bill meant to\u00a0remove state barriers to medical marijuana patients carrying firearms<\/a>.<\/p>\n Colorado organizers are also working to qualify a prospective state ballot measure that would remove a barrier around the issuance of concealed handgun permits<\/a>, specifying that whether someone is an \u201cunlawful user of or addicted to marijuana\u201d should be determined \u201conly as provided in state law and regulations.\u201d<\/p>\n At the federal level, enforcement of the rule against gun purchases or ownership by marijuana users has been inconsistent. Attorneys for President Joe Biden\u2019s son Hunter Biden, for example, who\u2019s been charged by the Department of Justice (DOJ) with illegally owning a firearm while a user of illegal drugs, have argued that\u00a0millions of marijuana users in legal states already own guns<\/a>.<\/p>\n The younger Biden\u2019s legal team has alleged that even the prosecutor on the case has acknowledged that \u201can ordinary citizen would not be prosecuted for this offense,\u201d which they argued \u201cis borne out by DOJ\u2019s policy and statistical evidence.\u201d<\/p>\n While people who use cannabis are barred from owning firearms under the law, a little-notice FBI memo from 2019 that recently surfaced shows that the federal government generally\u00a0does not consider it a violation of the law for medical cannabis caregivers and growers to have guns<\/a>.<\/p>\n The statute behind the prohibition has been challenged in a number of federal courts in recent years, with more than one judicial body determining that the restriction is unconstitutional. DOJ has steadfastly defended the ban, however, contending that medical marijuana patients and everyday consumers pose unique dangers to society that justify withholding Second Amendment rights.<\/p>\n Last year, for example, the Justice Department told the U.S. Court of Appeals for the Third Circuit that historical precedent \u201ccomfortably\u201d supports the restriction. Cannabis consumers with guns pose a unique danger to society, the Biden administration claimed, in part because they\u2019re\u00a0\u201cunlikely\u201d to store their weapon properly<\/a>.<\/p>\n The federal government has repeatedly claimed that those analogues provide clear support for limiting gun rights for cannabis users. But\u00a0several federal courts have separately deemed the marijuana-related ban unconstitutional<\/a>, leading DOJ to appeal in several ongoing cases.<\/p>\n The Justice Department asserted similar points during oral arguments in a\u00a0separate but related case before the U.S. Court of Appeals for the Eleventh Circuit<\/a>\u00a0in October. That case focuses on the Second Amendment rights of medical cannabis patients in Florida.<\/p>\n Attorneys in both cases have also touched on a U.S. Court of Appeals for the Fifth Circuit ruling from August,\u00a0Daniels v. United States<\/em>, that found\u00a0the ban preventing people who use marijuana from possessing firearms is unconstitutional<\/a>, even if they consume cannabis for non-medical reasons.<\/p>\n DOJ had\u00a0already advised the Eleventh Circuit court that it felt the ruling was \u201cincorrectly decided,\u201d<\/a>\u00a0and the department\u2019s attorney reiterated that it\u2019s the government\u2019s belief that \u201cthere are some reasons to be uncertain about the foundations\u201d of the appeals court decision.<\/p>\n The U.S. District Court for the Western District of Oklahoma also ruled in February that\u00a0the ban prohibiting people who use marijuana from possessing firearms is unconstitutional<\/a>, with the judge stating that the federal government\u2019s justification for upholding the law is \u201cconcerning.\u201d<\/p>\n In U.S. District Court for the Western District of Texas, a judge ruled in April that banning people who use marijuana from possessing firearms is unconstitutional\u2014and it said the same legal principle\u00a0also applies to the sale and transfer of guns<\/a>.<\/p>\n In August, meanwhile, ATF sent a letter to Arkansas officials saying that the state\u2019s recently enacted law\u00a0permitting medical cannabis patients to obtain concealed carry gun licenses<\/a>\u00a0\u201ccreates an unacceptable risk,\u201d and could\u00a0jeopardize the state\u2019s federally approved alternative firearm licensing policy<\/a>.<\/p>\n Shortly after Minnesota\u2019s governor signed a legalization bill into law in May,\u00a0the agency issued a reminder emphasizing<\/a>\u00a0that people who use cannabis are barred from possessing and purchases guns and ammunition \u201cuntil\u201d federal prohibition ends.<\/p>\n In 2020, ATF\u00a0issued an advisory specifically targeting Michigan<\/a>\u00a0that requires gun sellers to conduct federal background checks on all unlicensed gun buyers because it said the state\u2019s cannabis laws had enabled \u201chabitual marijuana users\u201d and other disqualified individuals to obtain firearms illegally.<\/p>\n Attorneys for Hunter Biden, who has been indicted on a charge of buying a gun in 2018 at a time when he\u2019s disclosed that he was an active user of crack cocaine, have\u00a0previously cited the court ruling on the unconstitutionality of the federal ban<\/a>, arguing that it applies to their client\u2019s case as well.<\/p>\n Republican congressional lawmakers have also filed bills that focus on gun and marijuana policy.<\/p>\n Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus, filed legislation last May to protect the Second Amendment rights of people who use marijuana in legal states, allowing them to purchase and possess firearms<\/a>\u00a0that they\u2019re currently prohibited from having under federal law.<\/p>\n Senate Majority Leader Chuck Schumer (D-NY) committed to attaching that legislation to a bipartisan marijuana banking bill<\/a>.<\/p>\n Meanwhile, Mast also\u00a0cosponsored a separate bill from Rep. Alex Mooney (R-WV)<\/a>\u00a0that would more narrowly allow medical cannabis patients to purchase and possess firearms.<\/p>\n One place where the matter is particularly relevant is Jersey City, New Jersey, where Mayor Steven M. Fulop (D) is suing over a state policy that allows police officers to use marijuana while off duty.<\/p>\n That challenge, however, has sparked pushback from two police officers, who\u2019ve\u00a0since sued Jersey City over what they say is a politically motivated move<\/a>\u00a0by Fulop in service of a future gubernatorial campaign. A police union has also\u00a0asked the judge in the city\u2019s case to throw out the lawsuit, calling it \u201cpure hogwash.\u201d<\/a><\/p>\n Back in Hawaii, following the failure of a Hawaii bill to legalize cannabis for adults<\/a> earlier this year, Gov. Josh Green (D) said last month that he has \u201ca possible solution\u201d to the issue: vastly expanding the state\u2019s existing medical marijuana system to allow people to register based on any<\/em>\u00a0health concern rather than needing to have one of a specific list of conditions.<\/p>\n \u201cThis would make it very available\u2014that\u2019s marijuana\u2014for those who choose it in their lives,\u201d the governor said in an interview with Hawaii News Now, \u201cand it would still keep kids safe, which has been everyone\u2019s priority.\u201d<\/p>\n At the same time, Green reiterated his support for full recreational legalization.<\/p>\n \u201cI think for adults who can responsibly use marijuana, it should be legal,\u201d he said.<\/p>\n The governor\u2019s comments came immediately following House lawmakers\u2019 decision to kill a Senate-passed cannabis legalization bill in April. That same month week, the Senate also voted to scuttle a separate measure that would have expanded the state\u2019s existing marijuana decriminalization law<\/a>.<\/p>\n In April 2023, meanwhile, Hawaii\u2019s legislature approved a resolution calling on the governor to create a clemency program for people with prior marijuana convictions on their records<\/a>.<\/p>\n Biden Drug Czar Says Marijuana Rescheduling Will Have \u2018Historic Impact,\u2019 But Overstates Effects On \u2018Racial Disparity\u2019 In Criminalization<\/a><\/p>\n<\/blockquote>\n\n The post Medical Marijuana Is The Leading Cause Of Rejected Gun Permits In Hawaii, New Report From AG\u2019s Office Shows<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
Of the roughly 500 firearm permit applications denied by officials in Hawaii last year, more than 40 percent were rejected because of applicants\u2019 status as medical marijuana patients, according to new data from the state attorney general\u2019s office. Across Hawaii, state-legal cannabis use was the leading cause of gun permitsContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":24,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/75819"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/24"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=75819"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/75819\/revisions"}],"predecessor-version":[{"id":75820,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/75819\/revisions\/75820"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=75819"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=75819"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=75819"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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\nRead More: Medical Marijuana Is The Leading Cause Of Rejected Gun Permits In Hawaii, New Report From AG\u2019s Office Shows<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"