3/8/2024 0 Comments Bloom medicinals arkansas![]() ![]() I will leave you with the last word from Rep. The Arkansas State Police have nothing to do with the process nor is the Arkansas Department of Health sharing medical cardholders application information with the federal government. In addition, there is very limited coordination between the federal and state authorities regarding Form 4473 which goes directly to the DoJ. The level of federal enforcement is zero with no available funds to check the records of medical cardholders against those of firearm purchases even in a conservative state like Arkansas. The Rohrabacher-Blumenauer Amendement, initially approved in 2014 and reapproved in every subsequent budget bill, prohibits the Department of Justice (DoJ) from using federal funds to prosecute medical cannabis cardholders in legal states. ![]() I am in no way condoning the violation of this law, but I thought it would be interesting to investigate how often this law is enforced. BTW, when federal officials were asked if new Arkansas medical cannabis cardholders must surrender their guns, they dodged the question, deferring to Arkansas law enforcement. However, as I explained earlier in this post, you cannot legally purchase a new gun through a federally licensed dealer without having to perjure yourself on the ATF Form 4473.Īccording to Arkansas lawyers, law enforcement officers in the state disapprove of medical cannabis patients who they consider to be “illegal drug users.” But, if you already own a gun, regularly shoot guns and you wish to exchange or purchase guns through private dealers, you should be safe from prosecution as long as you avoid interacting with Arkansas police officers. The 2nd Amendment protects gun ownership and you will not be required to give up your firearms. Do I Have To Surrender My Firearms If I Get A Medical Cannabis Card? Anyone who violates this law may spend up to 10 years in prison and pay fines of up to $250,000. Technically, it is a crime to own a gun and possess a medical cannabis card. If you go to a gun dealer, you would be committing perjury if you lied to purchase a gun. It is also recommended that you do not commit perjury.Īccording to Little Rock attorney and public policy advocate David Couch, who authored the voter-approved amendment, Issue 6, to allow medical marijuana in Arkansas, medical cannabis cardholders will be violating Federal law if they purchase a firearm. There is a warning on the form that even if you live in a legal cannabis state, the use or possession of cannabis is illegal under Federal law. You must answer Yes or No to Question 11.e which is as follows:Īre you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? If you are already a gun owner, you will be aware that when you buy a firearm from a federally licensed gun dealer, you are required to fill out the ATF Form 4473, the Firearms Transaction Record. In addition, because marijuana remains on the Controlled Substance List (CSA) as a Schedule I controlled substance, even in states where it has been legalized by State law, the Federal law supercedes State law. The law also bans anyone from selling or providing guns or ammunition to people they believe to be using the drug. The Federal Law: Firearms and Medical Cannabis UsageĪ memo that was issued on Septemby Arthur Herbert, the assistant director of Enforcement Programs and Services at the Bureau of Alcohol, Tobacco and Firearms (ATF) said the following:įederal law prohibits anyone who is an “unlawful user of or addicted to any controlled substance” from shipping, transporting, receiving or possessing firearms or ammunition. Once cannabis becomes federally legal, you will be able to purchase firearms. But, because medical cannabis is still illegal on a federal level, Arkansan lawmakers must follow the Federal law. I know it seems unfair when you live in a legal medical cannabis state to be denied the same rights as every other gun owner in the country. However, you are not required to surrender any guns in your possession. In Arkansas, if you become a medical cannabis cardholder, you will not be able to purchase any firearms from a federally licensed gun dealer nor another other source of firearm sales.
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