One of the most common questions that we get from potential patients is concerning how obtaining a medical card might affect or infringe on their ability to possess and control firearms. While there are numerous factors that will likely be considered for someone who is concerned about obtaining or maintaining a goverment security clearance, for the average Joe patient there is absolutely no legitimate reason to be concerned about having both a medical card and a firearm.
Currently Fedeal Law is pretty clear about prohibiting cannabis users from owning, possessing or buying firearms. Under the Gun Control Act of 1968, any “unlawful” user of a controlled substance is prohibited from purchasing or owning a gun. Since cannabis is still a Schedule 1 controlled substance under federal law, the U.S. Federal government maintains the stance that there is no way to use cannabis lawfully. So you can see how a “lawful user” of amphetimines or benzos in Oregan, for example, would not be subject to this nuance in the law, but since cannabis is Federally illegal, the entirety of American Cannabis Patients are “unlawful users.”
But you are not interested in the scemantics of Federal law and scheduled substances you want to know in a real determinable way wether or not this is an issue that you should really be concerned about. Hopefully, we can assuage your concerns.
This is a question in law that has been presented numerous times before in other states before Oklahoma legalized medical cannabis. The concensus in legal precendent in all medical or recreational states that have come before Oklahoma, is that while there are several real conflicts that exist between Federal and State law, no State agency has taken any steps to enforce Federal Laws in the States that have legalized cannabis.
So, yes, while the fear mongering opposition will scream from the skies about how “when you get your medical card you can kiss your guns goodbye!” This is complete bull-honky and there is not one single example of this happning yet since legalization began. As seriously as citizens take their 2nd ammend rights in this country, you can rest assured that you would have heard about or would be able to find information on someone getting their guns confiscated because they were a medical patient.
So for those interested in looking at the benefits afforded by medical cannabis therapy, but have for one reason or another held back because of their concern that they may negatively impact their ability to own firearms, I have only one gesture of reassurance that I can offer you: Call it a challenge — I challenge you to use Google to research far and wide the word wide net to discover if you can find a single case of somene losing their gun rights simple because they decided to get a medical patient card. Not a case were someone was arrested in a state where cannabis is illegal with a firearm under a different fact pattern or some such non-comparable scenario. What we are talking about where somone was legally possessing a firearm, decided to get a medical card and then a constable shows up to confiscate the legal firearm because of the conflict between Federal and State Law. We can imagine how the conversation might go:
“Hello, Mam greetings, I’m a constable with the OSBI and we illegally accessed private HIPPA protected patient records at the Oklahoma Department of Health and then cross-referenced them with the Federal Gun registry and we are here to collect all of your guns, please place them in this bag. thank you.”
In March of 2019 James Bridges of Herbage Magazine wrote an excellent article on this topic with information from Representative Jon Echols, Majority Floor Leader and co-leader of the state’s medical marijuana legislative working group titled “Gun rumors = low MMJ license holders”
“We are the 30th state to legalize this. I have heard of ZERO cases where federal law enforcement have seized weapons. ZERO.” He went on to say that if anyone has information on a case in which guns or permits have been confiscated he would like to know about the case and investigate it himself.
“From what I gather, the OSBI says they are not interested in confiscating guns because of obtaining an Oklahoma medical marijuana license.” – Senator Jon Echols
The bottom line on this issue is “Could They” — YES “Will They” — Likely NOT