S. Wilson v. Loretta E. Lynch

Plaintiff-Appellant S. Rowan Wilson acquired a Nevada medical marijuana registry card. She then sought to purchase a firearm, but the firearms dealer knew that Wilson held a registry card. Consistent with a letter issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), the dealer refused to sell Wilson a firearm because of her registry card. Wilson sued, challenging the federal statutes, regulations, and guidance that prevented her from buying a gun. The district court dismissed Wilson’s complaint, and Wilson appealed. We affirm.

BACKGROUND

Marijuana is classified as a Schedule I controlled substance under the Controlled Substances Act, 21 U.S.C. § 812 . As a Schedule I controlled substance, marijuana, under federal law, is deemed to have “no currently accepted medical use in treatment^ and] [tjhere is a lack of accepted safety for use of the ... substance under medical supervision.” Id. § 812(b)(1)(B) & (C).

This, however, is not the view of the State of Nevada. Although Nevada law criminalizes the possession of marijuana, see Nev. Rev. Stat. § 453.336 (4), Nevada’s Constitution was amended in 2000 to provide for medical marijuana use, see Nev.…