As cannabis reform continues to dominate states across the U.S., with more regions ushering in medical and recreational cannabis laws, tension has mounted over the ability (or inability) for cannabis users to legally buy and possess firearms.
Arkansas has taken a new step to ensure its residents can enjoy both the rights, as a new look officially took effect on Tuesday to clarify that medical cannabis patients can indeed obtain concealed carry licenses for firearms.
After making its way through the legislature with strong majority support, Gov. Sarah Huckabee Sanders signed the bill into law in April.
The new law is focused specifically on concealed carry licenses, stipulating that a person’s status as a medical cannabis patient in Arkansas cannot be used as a disqualifying factor when determining the eligibility of an applicant for a license to carry a concealed handgun.
Additionally, the state Department of Health (DOH) will be barred from disclosing a person’s patient status to the state police as part of any investigation surrounding concealed carry eligibility.
State statute was also updated to clarify that just because someone is in a medical cannabis program doesn’t mean that person uses cannabis chronically or habitually.
This directly addresses the language in federal law, which deems that “persons who are unlawful users of or are addicted to narcotics or any other controlled substances (including medical marijuana)” are prohibited from possessing firearms. This language has been widely criticized as outdated and reductive, essentially implying that any person who uses cannabis—medicinally or otherwise—has a drug problem.
A number of statutes around the country have moved to look more broadly at the issue of firearm rights for cannabis patients and consumers, instead of focusing on a single issue like concealed carry licensing. Arkansas does not require all gun owners to have a permit for a concealed weapon, though it offers additional protections when traveling to other states.
According to the original bill’s sponsor, State Rep. Aaron Pilkington (R), the new law is in accordance with Amendment 98, the 2016 amendment that initially legalized medical cannabis in the states.
“Amendment 98 had language that said no patient’s right or privilege should be infringed upon on the basis of having medical marijuana. However, this wasn’t extended to concealed carry holders,” Pilkington said. “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, prohibits somebody from having a concealed carry license.”
Federal law still prohibits users of controlled substances, including medical cannabis, from receiving or possessing firearms or ammunition, patient status aside.
The disconnect between federal law and the continued reform throughout the country brings a number of issues to the forefront. Gun stores are required to be federally licensed and initiate background checks on purchasers prior to selling firearms. Even noncriminal records of drug use, like the admission of a positive THC test in the last year, can be disqualifying for medical cannabis cardholders looking to purchase a gun.
Even reasonable cause to believe a potential gun buyer is the user of a controlled substance can be enough to deny them purchase under federal law.
Arkansas represents just one of many recent efforts to address the disconnect. In fact, a number of federal cases have had the Justice Department (DOJ) determining whether or not a federal ban on firearms for cannabis users is constitutional.
In February, a federal judge in Oklahoma City ruled that it is unconstitutional for federal law to prohibit cannabis users from owning firearms and that it should not be enforced by prosecutors. The judge also pointed to the government’s justification for upholding the law, calling it “concerning.” The DOJ is appealing the decision.
Rep. Brian Mast (R-FL) also filed a bill in Congress earlier this year to protect the Second Amendment rights of people who use cannabis in legal states.
