Tranquility
Well-Known Member
I was reading a few things and put a thought together I hadn't seen before. Let me see if you feel it a problem.
1. States are finding opiate use problematical. To deal with that, and to prevent other drugs from the same fate, some states have initiated databases to record all patients prescribed use. ( http://www.orpdmp.com/ ):
2. The Obama Administration's position on medical use of marijuana is that it prohibits firearm ownership rights. The courts support this. ( https://www.adn.com/alaska-marijuan...no-to-guns-for-medical-marijuana-cardholders/ https://www.thetrace.org/2016/04/weed-and-guns-feds-say-you-cant-have-both/ ). With the question being:
https://www.atf.gov/file/61446/download
https://www.atf.gov/firearms/identify-prohibited-persons
4. The DEA has been using administrative subpoenas (Their guys say they think they should search. No neutral and detached magistrate and probable cause involved.) to see the databases of drug users. ( http://www.mcclatchydc.com/news/politics-government/election/article114892633.html ) A case review is at http://www.natlawreview.com/article...access-to-oregon-prescription-drug-monitoring .
Now for the problem. If the administrative subpoena is found to be legal in this instance (Not going to go into it. It is a subtle and difficult problem.), the DEA will be able to subpoena the drug use records of all. If marijuana is re-scheduled, it will be added to such databases. The feds will be able to search the records on a whim and find those who use or who are addicted to drugs and deny firearm rights to them.
I don't think the Trump Administration would go down this path. But, a future Administration in favor of firearm confiscation certainly could.
Is this something to worry about?
1. States are finding opiate use problematical. To deal with that, and to prevent other drugs from the same fate, some states have initiated databases to record all patients prescribed use. ( http://www.orpdmp.com/ ):
Pharmacies submit prescription data to the PDMP system for all Schedules II, III and IV controlled substances dispensed to Oregon residents. The protected health information is collected and stored securely.
2. The Obama Administration's position on medical use of marijuana is that it prohibits firearm ownership rights. The courts support this. ( https://www.adn.com/alaska-marijuan...no-to-guns-for-medical-marijuana-cardholders/ https://www.thetrace.org/2016/04/weed-and-guns-feds-say-you-cant-have-both/ ). With the question being:
https://www.atf.gov/file/61446/download
https://www.atf.gov/firearms/identify-prohibited-persons
who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
3. Marijuana is currently schedule I drug and not covered by prescribed use statutes. Some states may require some registration at some point.
4. The DEA has been using administrative subpoenas (Their guys say they think they should search. No neutral and detached magistrate and probable cause involved.) to see the databases of drug users. ( http://www.mcclatchydc.com/news/politics-government/election/article114892633.html ) A case review is at http://www.natlawreview.com/article...access-to-oregon-prescription-drug-monitoring .
On November 7, 2016, the US Court of Appeals for the Ninth Circuit heard arguments in Oregon Prescription Drug Monitoring Program v. United States DEA, Case No. 14-35402 (9th Cir. 2016). The Drug Enforcement Administration (DEA) sought to overturn a US District Court for the District of Oregon ruling that the DEA’s use of administrative subpoenas to access records from the Prescription Drug Monitoring Program (PDMP) violates the Fourth Amendment (the District Court Case).
The case has potentially wide-ranging implications. Every state except Missouri currently maintains a PDMP. PDMPs maintain detailed records of controlled substances prescriptions filled by pharmacies, the physicians who prescribed the drugs and the patients who use them. Pharmacists and prescribers are expected to check the PDMP when filling and writing prescriptions, respectively. PDMPs are designed as a tool to improve health outcomes and to reduce prescription drug abuse.
The case has potentially wide-ranging implications. Every state except Missouri currently maintains a PDMP. PDMPs maintain detailed records of controlled substances prescriptions filled by pharmacies, the physicians who prescribed the drugs and the patients who use them. Pharmacists and prescribers are expected to check the PDMP when filling and writing prescriptions, respectively. PDMPs are designed as a tool to improve health outcomes and to reduce prescription drug abuse.
Now for the problem. If the administrative subpoena is found to be legal in this instance (Not going to go into it. It is a subtle and difficult problem.), the DEA will be able to subpoena the drug use records of all. If marijuana is re-scheduled, it will be added to such databases. The feds will be able to search the records on a whim and find those who use or who are addicted to drugs and deny firearm rights to them.
I don't think the Trump Administration would go down this path. But, a future Administration in favor of firearm confiscation certainly could.
Is this something to worry about?
