Signed by the Governor: Oklahoma Law Prohibits Denial of Firearms Ownership Based on Medical Marijuana Use

Thursday, March 21, 2019
By Paul Martin

By Michael Maharrey
ActivistPost.com
MARCH 20, 2019

Last Thursday, Oklahoma Gov. Kevin Stitt signed a bill into law that formalizes and expands the state’s medical marijuana program, further nullifying federal cannabis prohibition in effect.

Last summer, Oklahoma voters approved a measure legalizing medical marijuana in the state. A coalition of three Republicans introduced House Bill 2612 (HB2612) on Feb. 4 to create a regulatory structure and establish important patient protections for the state medicinal cannabis program.

The Oklahoma House passed HB2612 by a 93-5 vote. The Senate approved the measure 43-5. With Gov. Stitt’s signature, the bill will take effect 90 days after the legislature adjourns.

The new law creates the Oklahoma Medical Marijuana Authority and establishes a registry for qualified patients and their caregivers. It also creates a revolving fund to handle fees, taxes and fines related to the medical marijuana program.

The expanded patient protections written into HB2612 are significant. Under the law, “a medical marijuana patient or caregiver licensee shall not be denied the right to own, purchase or possess a firearm, ammunition, or firearm accessories based solely on his or her status as a medical marijuana patient or caregiver licensee.”

It also prohibits the state from denying a medical marijuana patient access to public assistance programs, including Medicaid, SNAP and WIC.

As Suzanne Sherman noted, the federal government has long claimed the power to restrict the right to keep and bear arms of medical marijuana patients:

If you purchase a firearm from an FFL, you will be presented with the Firearms Transaction Record form 4473, which you must, under penalty of perjury, answer fully and truthfully. You may see it for yourself HERE.

Question 11(c) asks prospective gun purchasers if they are unlawfully using any controlled substances. You think, “Hey, I can answer ‘no,’ as marijuana is now legal in my state. Immediately following the inquiry is the following admonition (in bold letters):

“Warning: The use or possession of marijuana remains unlawful under Federal law, regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”

Not surprisingly, in 2016, the U.S. Ninth Circuit Court of appeals ruled that this restriction does not violate the Second Amendment.

The Rest…HERE

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