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As mentioned in prescribed marijuana prevents gun ownership, If you are a legal medical marijuana patient. You are not allowed to own or buy guns. But what if it is a person's spouse that is the marijuana patient. Would the non patient partner be able to legally own firearms?

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    I don't see any reason to think that 18 U.S.C. 922(g)(3) would make the partner a prohibited person, since they are neither a "user of" nor "addicted to" the controlled substance in question. Is there any other provision of law that you think might make it illegal? – Nate Eldredge May 1 '18 at 22:45
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    "constructive possession" just to name one concept that may be an issue. – Digital fire May 1 '18 at 22:49
  • Merely possessing the substance doesn't make one a "user" of it, in the ordinary meaning of the word; you'd have to introduce it into your body somehow. The citations given in the answer to the linked question seem to make it clear that "user" is being interpreted in the ordinary sense. – Nate Eldredge May 1 '18 at 22:52
  • @NateEldredge can you define "in the ordinary sense"? I can totally see a lawyer argue a 'user' is one who 'uses' the drugs in question. Which a patient with a prescription would be doing – CDspace Nov 29 '18 at 6:34
  • I would say the ordinary meaning of "to use a drug" is to somehow consume it (by ingestion, inhalation, injection, etc) for the purpose of producing some effect on one's own body or mind. So in this example, it seems to me that the spouse who is the patient (call her Alice) is a "user" of marijuana, and I agree that Alice is probably prohibited from owning firearms. But the question is about the non-patient spouse (call him Bob) who I would say is not a "user", and therefore I see no reason why this statute would forbid Bob from owning firearms. – Nate Eldredge Nov 29 '18 at 14:56

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