Marijuana, particularly for legitimate medical purposes, is being legalized across the nation. Still, Washington continues to drag its heels in catching up with the movement, particularly when it applies to the Second Amendment.
The U.S. has long classified marijuana as a Schedule 1 drug, making it illegal under federal law. This created obvious conflict with gun rights, which are denied to recreational drug users.
But as of 2021, 36 states legalized marijuana for medical purposes and another 15 for recreational use. But under federal law, simple marijuana use legally disqualifies a person from possessing a firearm.
That may be changing. Earlier this year, U.S. District Court Judge Patrick R. Wyrick ruled the federal prohibition blocking marijuana users from buying or possessing firearms to be unconstitutional. Washington appealed that decision to the Tenth Circuit Court of Appeals.
And as of Aug. 1, that questionable status for many was addressed by the state of Arkansas. Medical marijuana use is already legal there, and now residents who have a user card are eligible to obtain a concealed carry handgun permit from the state.
The vote was overwhelmingly in favor of the Second Amendment. The Senate approved HB1784 with an 82-5 vote on Apr. 4, and three days later the House followed suit by a 26-3 margin.
Five days after the House vote, Gov Sarah Huckabee Sanders (R) signed HB1724 into law.
State Rep. Aaron Pilkington (R) noted Arkansas’ previous amendment legalizing medical marijuana neglected concealed carry applicants.
“Amendment 98 had language that said no patient’s right or privilege should be infringed upon on the basis of medical marijuana. However, this was not extended to concealed carry holders.”
Pilkington added that “there was an issue and a concern about what the federal law said. But now federal law says that gun rights should not be restricted based on patient status, and so no other prescriptions, whether it be opioids or others, prohibit somebody from having a concealed carry license.”
The new statute reads, “The director shall not consider a person’s status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016…in determining whether an applicant is eligible to be issued a license to carry a concealed handgun under this subchapter.”
Specifically, the Arkansas Department of Health is barred from revealing an individual’s status as a marijuana user for criminal background checks that are used to decide on the issuance of a concealed carry permit.
Arkansas is one of a growing number of constitutional carry states where a permit is not necessary to carry a loaded handgun openly or concealed. Permits are issued to allow the holder to enjoy reciprocity offered by other states to Arkansas residents.
There are undoubtedly more rulings from the federal court system on the horizon for this tricky issue.
A complication is that gun dealers must have federal licenses and are required to initiate background checks on purchasers prior to a transaction.
Further, the required Federal Firearms Transaction Record form specifically asks applicants if they use controlled substances such as marijuana. This puts the onus on a medical marijuana user to either be dishonest on the document or be denied the ability to legally purchase a firearm.
That dishonesty constitutes a federal crime.
As far as the state of Arkansas is concerned, the coast is clear for medical marijuana users to exercise their rights. Now it’s up to the federal government to follow suit.
