Lawmakers in Oklahoma this week advanced a bill aimed at protecting gun rights of state-registered medical marijuana patients, although federal law still bars cannabis users from owning firearms regardless of their patient status.
The Senate Committee on Public Safety unanimously passed the measure, SB 39, from Sen. Julie Daniels (R), on Wednesday with a vote of 6-0. If it’s enacted, the legislation would specify that applicants for state-issued handgun licenses would not be disqualified merely for being a medical marijuana patient.
It states that “an applicant shall not be considered ineligible solely on the basis of being a lawful holder of a medical marijuana patient license” and also makes a medical marijuana exception around disqualifications for “any violation relating to illegal drug use or possession.”
Yet another provision in the bill says that “nothing in this section shall be construed to allow the Oklahoma State Bureau of Investigation to deny an otherwise qualified applicant from obtaining a handgun license pursuant to the Oklahoma Self-Defense Act solely on the basis of the applicant being a lawful holder of a medical marijuana patient license.”
Ahead of the vote at Wednesday’s hearing, Daniels pointed out that courts across the nation are increasingly pushing back against the notion that merely using marijuana should deny them their Second Amendment rights.
“In recent years, the courts have all come down on the side that someone should not be denied a firearm license or be prosecuted for possession of a firearm solely because they use marijuana,” she told colleagues. “And in Oklahoma, of course, we have a medical marijuana program. So the point of this bill is to make clear that solely because you have a medical marijuana patient card does not mean that you should be automatically denied a firearm license.”
Carrying or using a shotgun, rifle or pistol while under the influence of marijuana—even if it was “obtained pursuant to a valid medical marijuana patient license”—would remain illegal if the drug affects someone “to a degree that would result in abnormal behavior,” the bill says.
The Oklahoma State Bureau of Investigations, for its part, said in a statement on Wednesday that it will abide by the new rules, if adopted.
“We respect the right of Oklahomans to legally have firearms,” the agency said, according to local ABC affiliate KOCO News 5, which first reported the committee’s passage of the bill. “We will work with new laws passed by the legislature.”
As for the federal law against gun ownership by marijuana users, a federal appeals court panel earlier this month dismissed a three-year prison sentence against a person convicted for possession of a firearm while being an active user of marijuana, ruling that the federal government’s prohibition on gun ownership by drug users is justified only in certain circumstances—not always.
The U.S. Court of Appeals for the Eighth Circuit said in the opinion that while not all disarmament of drug users violates the Second Amendment, it nevertheless sometimes can.
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