Senator Tom Brewer
43rd District
01-25-2019

LB 110 is a bill that would make medical marijuana legal in Nebraska. It was introduced on the 10th of January. It is a senator priority bill that was referenced to the Judiciary Committee. I believe this committee will promptly vote this bill out, and we will soon debate it on the floor.

I oppose this bill and will vote against it.

As with most bills there is a long list of pros and cons; supporters and opponents. There are numerous worthy arguments in opposition to this bill, but today I just want to write about one troubling aspect of it – Second Amendment Rights.

I encourage readers to find a copy of the ATF Form 4473. This is the form a person must complete in order to purchase a firearm. Beginning with block 11, there are 13 questions that a person must answer. If the answer is “yes” to anyone of them, you are considered a “prohibited person” by federal law, and you may not possess a firearm. If you lie and provide a false answer, this is a federal felony punishable by a large fine and a prison sentence. Block 11e reads as follows:

“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance? WARNING: The use or possession of marijuana remains unlawful under federal law regardless of whether it has been legalized or decriminalized for medical or recreational purposes in the State where you reside.”

LB 110 contains a provision that creates a “registry” of persons who have been given a “prescription” to purchase medical marijuana. Consider for a moment your name being in this registry. You are now a documented marijuana user whose name is in a government-controlled database. Now consider the fact you own guns and perhaps may like to purchase another gun someday. There is now a record (also called clear evidence) of you being a “prohibited person” who cannot legally possess guns. If you buy another gun and lie on Block 11e, you’re in even more trouble. Either way, your medical marijuana prescription makes you a federal felon if you attempt to possess or purchase a firearm. Even if you’re not charged with a crime, there may even be circumstances where law enforcement could use the fact you are a documented marijuana user to confiscate your guns.

Among other things, the effect of this law is to incentivize the marijuana black market as many people, especially those people who own guns, will not want their name in this registry. Instead of “bringing marijuana out of the shadows” as supporters like to say, this law provides incentive for a whole new black-market of people who would still have good reason to avoid the “legal” medical marijuana dispensary.

People need to read the bill and decide for themselves if getting stoned is really worth losing their Second Amendment rights.

Please contact my office with any comments, questions or concerns. Email me at; tbrewer@leg.ne.gov. Mail a letter to; Sen. Tom Brewer, Room #1423, P.O. Box 94604, Lincoln, NE 68509 or call us at (402) 471-2628.