united-states firearms drugs
How frequently must one use controlled substances to be considered a user of that substance?
<p>Specifically I'm referring to the NICS background check for buying a gun, but if other laws have other standards I'm interested in them as well.</p>
<p>If I took one puff off a marijuana cigarette at a concert 10 years ago, am I user?  What if that concert was yesterday instead?</p>
<p>If I smoked habitually 10 years ago, but haven't had a puff since, am I a user?</p>
<p>I know practically it would usually be impossible to prove someone took one puff a decade ago, but that doesn't change the legality of marking &quot;No&quot; on that question on the NICS check.</p>
<p>I ask because NY just legalized recreational marijuana, but the Feds still haven't, so many New Yorkers may be unwittingly lying when buying guns.</p>

<p>The <a href="https://www.fbi.gov/services/cjis/nics" rel="nofollow noreferrer">NICS background check</a> does not require an applicant to reveal non-recent drug use.</p>
<p>The relevant parts of the ATF Firearms Transaction Record, form <a href="https://www.atf.gov/resource-center/forms-library?search_api_aggregation_1=&amp;search_api_aggregation_2=Firearms+transaction+record+&amp;og_group_ref=1" rel="nofollow noreferrer">5300.9</a> at Section B, 21e, asks:</p>
<blockquote>
<p><strong>Are you</strong> an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?</p>
</blockquote>
<p>Swiftly followed by:</p>
<blockquote>
<p><strong>Warning</strong>:  The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.</p>
</blockquote>
<p>The form goes on to say under the heading of Notices, Instructions and Definitions:</p>
<blockquote>
<p><strong>Prohibited Persons:</strong></p>
<p>... <strong>is an</strong> unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic   drug, or any other controlled substance...</p>
</blockquote>
<p><strong>If I smoked habitually 10 years ago, but haven't had a puff since, am I a user?</strong></p>
<ul>
<li>No, not in this context. Note that 21e, the warning notice and the definition all use the present tense, not past, verb formations.</li>
</ul>
