Beginning August 1, medical cannabis patients in Arkansas will be allowed to carry concealed handguns under a bill approved by lawmakers during the legislative session, KATV reports. The law directly conflicts with federal law which bars individuals who consume cannabis from purchasing or owning firearms.
The Arkansas law, Act 757, says that 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. The measure also prohibits Arkansas State Police considering “a person’s status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution … in determining whether an applicant or licensee is eligible to be issued a license to carry a concealed handgun.”
“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.” — Act 757 bill text
In an interview with KATV, State Rep. Aaron Pilkington (R), the bill’s sponsor, noted that the state’s medical cannabis legalization law “had language that said no patient’s right or privilege should be infringed upon on the basis of having medical marijuana” but it “wasn’t extended to concealed carry holders.”
“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,” Pilkington said, “and so no other prescriptions whether it be opioids or others, prohibits somebody from having a concealed carry license.”
Federal law actually prohibits users of controlled substances, including medical cannabis, regardless of patient status, from receiving or possessing firearms or ammunition.
Over the past year, two federal courts have determined that the prohibition on cannabis consumers owning firearms is unconstitutional. In April, U.S. Rep. Brian Mast (R-FL) introduced a bill that would end restricting the sale of firearms to cannabis consumers living in states that have passed adult-use and medical cannabis reforms.
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