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Arkansas Gun Rights and Medical Marijuana Patients

Introduction


When it comes to the foundations of American society, few things are as deeply embedded as the Second Amendment rights and the recent acceptance of the medical uses of cannabis. With Arkansas leading the way in embracing the medical benefits of marijuana, the intersection of gun ownership and medical marijuana use has sparked complex legal debates and profound societal questions. This blog aims to delve deeper into these issues, focusing on the position of medical marijuana patients in Arkansas and their navigation through the labyrinth of state and federal laws.


graphic of the second amendment of the US Constitution

The Central Dilemma


At the heart of this issue lies a stark contrast between state and federal laws. In Arkansas, the possession of marijuana for qualifying medical marijuana patients is legal under state law, thanks to progressive state lawmakers and the support of marijuana consumers. This acceptance is mirrored in many legal states across the United States.


However, at the federal level, marijuana remains classified as a Schedule I narcotic drug under the Controlled Substances Act. The federal policy presents a contradiction for medical marijuana cardholders who wish to exercise their gun rights, creating a situation of legal uncertainty. Even for a medical marijuana user who uses cannabis solely for medical purposes, possessing a firearm amounts to a violation of federal law, due to the Federal Gun Control Act of 1968.


Potential gun buyers encounter similar challenges. The ATF Form 4473 (Firearms Transaction Record), a federal form required for firearms transactions, includes a question about unlawful drug use. An affirmative answer, even by a medical marijuana patient, could lead to a denial of the firearm purchase by federal firearms licensees.


Federal Courts and Law Enforcement: Where Do They Stand?


The issue of gun rights for medical marijuana patients has been a subject of federal courts' attention in recent times. The case of Jared Michael Harrison, an Arkansas medical marijuana cardholder from Oklahoma City, made headlines last week when he challenged his federal indictment. He argued for the extension of his Second Amendment rights, despite being a user of marijuana for medical purposes.


Federal Judge Patrick Wyrick, known for his critical approach to legal matters, upheld the supremacy of federal statute over state laws. He maintained that as long as marijuana remains a controlled substance at the federal level, its users, including medical marijuana patients, are barred from firearm ownership.


This ruling aligns with a previous U.S. Supreme Court decision, which upheld the federal law enforcement agencies' right to enforce federal drug laws, even in states where marijuana use is legal for recreational purposes or for medical patients.


The enforcement of these federal laws leaves local agencies and gun dealers, including both licensed and unlicensed dealers, in a delicate position. They are expected to adhere to federal policy while respecting state laws, leading to a complicated dance where they risk violating federal law if they knowingly sell to medical marijuana users.


Medical Marijuana Patients: The Real Impact


These laws and rulings by federal courts have far-reaching implications for medical marijuana patients, with the greatest burden falling on the medical cannabis users. As per the federal background checks system, medical cannabis patients in Arkansas are classified as risky persons, and they are effectively barred from gun ownership.


For marijuana users who rely on cannabis for medical purposes, these laws may feel unjust and discriminatory. They could rightly question why their choice of medicine, which is legal and well-regulated through the state database and patient registry, should have any bearing on their Second Amendment rights.


The scenario becomes more puzzling when considering that individuals prescribed other controlled substances, such as opioids, are not prohibited from firearm ownership under federal law. This discrepancy only fuels the feeling of being targeted among the medical marijuana community.


medical marijuana and the law

Looking Ahead: Arkansas Gun Rights and Medical Marijuana Patients


The reconciliation of the rights of medical marijuana patients with federal gun laws remains a complex problem. State lawmakers, gun rights advocates, and medical patients have to work together to find a reasonable cause for policy revisions that uphold both public safety and individual rights. Advocacy groups, such as ARCannabisClinic, play a pivotal role in pushing for these rights.


At ARCannabisClinic, we're committed to our patients' rights to access the medicine they need. We champion their rights at every level, providing the latest updates and guidance on the often confusing legal landscape of medical marijuana use and gun rights.


A New Dawn for Arkansas Medical Cannabis Patients


Exciting news is unfolding for medical cannabis patients in Arkansas. Beginning August 1, under a bill approved by lawmakers in the most recent legislative session, qualifying patients will be eligible to carry concealed handguns, reports KATV. This development brings a breath of fresh air, but it also sparks a controversial debate due to its direct conflict with federal law that prohibits individuals who consume cannabis from owning or purchasing firearms.


This new regulation, known as Act 757, clearly states that being a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016 won't factor into whether a person can be issued a license to carry a concealed handgun. The law further shields Arkansas' medical marijuana users by barring the Arkansas State Police from taking into account anyone's status as a qualifying patient or designated caregiver under the Amendment while deciding on the issuance of concealed handgun licenses.


The bill text of Act 757 elucidates: "An applicant shall not be considered to chronically or habitually abuse a controlled substance based solely on the applicant's status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98."


State Rep. Aaron Pilkington (R), who championed the bill, shared his views with KATV. He explained that the medical cannabis legalization law in the state initially stated that no patient's rights or privileges should be infringed upon for using medical marijuana. However, these rights were not extended to those holding concealed carry licenses.

Pilkington elaborated on the evolution of the federal stance on the issue, stating: "There was a concern about what the federal law said. But now federal law says that gun rights should not be restricted based on patient status. Therefore, no other prescriptions, whether it be opioids or others, should prohibit somebody from having a concealed carry license."


However, it's worth noting that, despite the progress at the state level, federal law still bars users of controlled substances, including medical cannabis and irrespective of patient status, from obtaining or possessing firearms or ammunition.


Over the past year, there have been significant changes in this area. Two federal courts have determined that barring cannabis consumers from owning firearms is unconstitutional. In April, U.S. Rep. Brian Mast (R-FL) even introduced a bill aimed at ending the restriction of firearm sales to cannabis consumers residing in states that have enacted adult-use and medical cannabis reforms.


These developments offer hope for medical cannabis patients in Arkansas and across the country. The intersection of medical marijuana use and gun rights continues to be a hot topic, with the potential for even more changes on the horizon. It will be fascinating to see how this situation unfolds in the coming months.


The Future of Arkansas Gun Rights and Medical Marijuana Patients


The question of how to reconcile the rights of medical marijuana users with federal gun laws is far from resolved. State lawmakers, medical patients, and gun rights advocates will need to continue the dialogue and seek reasonable cause for policy adjustments that protect both public safety and individual rights. The efforts of organizations like ARCannabisClinic, a trusted national medical marijuana health technology company, play a significant role in this advocacy.


At ARCannabisClinic, we believe in patients' rights to access the medicine they need, and we champion those rights at every level. We are continually working to provide our patients with the latest updates and guidance on navigating the often confusing legal landscape of medical marijuana use and gun rights.


Conclusion


Navigating the complex landscape of gun rights and medical marijuana is no easy feat. While some strides have been made, there's still a long way to go. The end goal remains the same: to ensure that all law-abiding citizens, including medical marijuana patients, can exercise their constitutional rights without fear of reprisal or federal law violation.

Arkansas, with its medical marijuana patients and advocates like ARCannabisClinic, will undoubtedly continue to pioneer this ongoing national conversation. Although the journey ahead may be fraught with challenges, we remain hopeful that a reasonable and equitable resolution can be reached—one that respects the rights and needs of all individuals involved.

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