Golden Gate University Law Review


This Note begins with Part I section (A), describing the administrative rule and factual background, leading up to the suit in Wilson v. Lynch. Part I section (B) explains the arguments made at the U.S. District Court in Nevada and how the case progressed from the district court to the Ninth Circuit Court of Appeals. Then, Part I section (C) analyzes the Ninth Circuit’s application of the two-step test for Second Amendment challenges established in Chovan.

After evaluating the application of the two-step test in Wilson v. Lynch, Part II section (A) reviews the history of cannabis and medical marijuana regulations in the United States. Part II section (B) briefly covers firearms regulations in the U.S. and the seminal Second Amendment case, District of Columbia v. Heller, which provides the foundation for the argument that medical marijuana patients should be granted an exemption under federal firearms laws. Part III discusses the Supremacy Clause and the difficulty this clause causes for medical marijuana patients hoping to have their Second Amendment rights maintained by the courts.

Part IV section (A) discusses a model rider amendment upheld in U.S. v McIntosh, upon which a proposed amendment is grounded. Part IV section (B) states this Note’s proposed rider appropriation amendment, the arguments that should be used in support of the amendment, and rebuttals to previous arguments made against the amendment in McIntosh. Part IV section (C) concludes this Note with a discussion of the loopholes available to medical marijuana patients to obtain firearms despite the decision in Wilson.