Arkansas’ 2023 legislative session passed dozens of laws, one of which allows medical marijuana users to pack concealed firearms.
The new law goes into effect August 1st. Medical marijuana card holders and caregivers “will be able to acquire a concealed carry license legally… however, it creates a minefield of issues under federal law.”
Yes, Act 757 is straightforward. This Act was formerly known as House Bill 1784. So, what does it say pertaining to medical marijuana?
“A person’s status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016 shall not be considered in determining whether an applicant is eligible to be issued a license to carry a concealed handgun.”
Things get complicated for medical marijuana cardholders though, because gun shop owners must be federally licensed and require initiating background checks on buyers before the sale of a gun.
Admitting use of marijuana or coming up hot on a piss test within the LAST YEAR will stop cardholders from making that gun purchase.
Federal law prohibits users of controlled substances from receiving or possessing firearms or ammunition regardless of medical cardholder status.
“Reasonable cause to believe” the customer uses controlled substances such as medical marijuana is all it takes to be denied under federal law.
To dive deeper into the subject, the Federal Firearms Transaction Record form that gun buyers fill out asks if they are controlled substance users.
Pretty much, the only way for a medical cardholder to pass a background check would be to lie on the form. Which, you do not want to do because that is a federal crime.
Hit the comment section and let us know if you have a solution to this conflict of interests.