Partly off-topic, but didn't the law prevent black people from owning guns at one point in history? I would not consider a gun-owning black person, during that prohibitive time, to be a true criminal. Similarly, if guns became illegal for any non-military or non-LEO citizen to own next week, i wouldn't consider those in violation of that prohibition to be true criminals.
There are quiet a few people that violate various federal, state, and local laws, statutes, and ordinances that
I wouldn't consider a criminal. There are thousands of unconstitutional laws out there folks. The supreme court hasn't even scratched the tip of the iceberg in purging unconstitutional laws. Unfortunately, to challange something all the way to the SCOTUS takes a whole lot of money, time, and legal eagles. Most of the petty laws that are unconstitutional will never be tested, because they aren't worth the time, money, and effort. It
IS a shame though. Thousands of honest, hard-working Americans are probably jailed and or adjucated daily for some of these unconstitutional laws, or an arbitrary application of otherwise constitutional laws. Since they don't have the money to challenge things, they will likely spend the rest of their lives with a bogus criminal record.
Medical Marijuana is no different. It is a primary example of why I don't agree with the broad interpretation of the interstate commerce clause, but that's for another debate. I think there should be no federal law against it. I have never been a user, and I never will be (even if legalized). I still think it should be taxed because I don't like big brother being too restrictive and my personal opinoin is that marijuana is no more harmful than other legal drugs. That is my opinion, worth what you paid for it.
Now if states wanted to ban it... that would suit me either way. That's the beauty of limited federal powers. Let the states determine the laws, after all they are perfectly capable. If you don't agree with your state, vote with your feet. That's a lot easier to do across state lines than it is across international lines.
As for someone who could benefit medically from marijuana, but you still wish to keep your 2nd amendment rights... well they make a product called marinol (FDA approved) that offers the same benefits as smoking to help with conditions that could benefit from marijuana use. There's your answer. Use marinol for the same benefits as smoking and still legally keep your guns. Or continue to argue for medical marijuana smoking even though a viable alternative exists that is still within the confines of what is "legal" federally.