Can Medical Marijuana Patients Own Guns in Arkansas
In Arkansas, many people believe in the right to own a gun. At the same time, many believe in the right to use cannabis for medical reasons. But what happens when these two important rights mix? It can get pretty confusing.
The problem is that Arkansas law and U.S. federal law don’t agree. While the state has taken big steps to help patients, the federal government has a very different opinion. This leaves many good people caught in the middle.
This article is here to help clear things up. We will give you a simple guide to the laws in Arkansas and how they clash with federal rules. By the end, you’ll have a much better answer to the big question: Can Medical Marijuana Patients Own Guns in Arkansas?
Arkansas’s Act 757
Let’s talk about a very special law in Arkansas that changed everything. It’s called Act 757, and it was passed in 2023. This law was made specifically to help medical marijuana patients who also want to own guns.
So, what does this law do? It’s actually very simple. Act 757 says that having a medical marijuana card cannot be the reason someone is denied a concealed handgun license in Arkansas. This was a huge and positive change for patients.
Before this law, things were different. Your medical cannabis card could have been used to disqualify you from getting a permit to carry a concealed gun. Act 757 fixed that problem at the state level, making things much fairer.
The law also added another layer of safety for patients. It stops the Arkansas Department of Health from telling state police about your patient status just for a background check on a gun license. This helps keep your medical information private.
Why U.S. Law Still Says No
Even with the great news about Act 757, there is still a big hurdle. That hurdle is the federal government. The U.S. government has its own set of laws that apply to every single state, including Arkansas.
The main federal law to know is the Controlled Substances Act. This law puts marijuana in the strictest category, called Schedule I. This means the federal government officially believes marijuana has no medical use, even though doctors in Arkansas can recommend it.
Because of that, another federal law called the Gun Control Act of 1968 comes into the picture. This law states that anyone who is an “unlawful user of…any controlled substance” is not allowed to buy or own a gun. Since the federal government says all marijuana use is illegal, it views every patient as an “unlawful user.”
This is the main reason why things are so complicated. Even though you follow Arkansas law perfectly, the federal government sees you as breaking its laws if you use medical cannabis and own a gun. This is the core issue when we ask, can medical marijuana patients own guns in Arkansas?
The Gun Store Dilemma: ATF Form 4473
So, when does this federal law actually affect you in real life? The most common time is when you walk into a gun store to buy a firearm from a licensed dealer. You will be handed a federal form that you must fill out.
This paper is called the ATF Form 4473. It is a federal background check required for all gun purchases. On this form, there is a very direct question about marijuana use.
The question asks if you are an unlawful user of marijuana. The form includes a bold warning right on it. This warning makes it very clear that marijuana is illegal under federal law, even if your state has legalized it for medical reasons.
This puts you in a very difficult position. If you check “no” on the form, you are not telling the truth, which is a serious crime called perjury. It’s a felony and can lead to prison time and big fines. If you check “yes,” the gun sale will be denied on the spot.
What Are the Real-World Risks in Arkansas Today?
With Arkansas law saying one thing and federal law saying another, what are the actual risks? Thanks to Act 757, your risk at the state level is very low. An Arkansas police officer is not going to arrest you just for being a patient who legally owns a gun.
However, the federal risk doesn’t just disappear. While it’s true that federal agencies probably won’t come looking for you just for this, the risk is not zero. Federal law is the highest law of the land and can overrule state law when they clash.
This risk can become very real if you ever get into trouble for something else, especially a federal crime. If that happens, a prosecutor could add the gun charge on top of everything else to get a tougher sentence. For anyone asking “Can medical marijuana patients own guns in Arkansas?,” it is vital to know that state law protects you, but that protection might not stop a federal agency.
How to Navigate Your Rights
Since this is such a complicated legal issue, the smartest thing you can do is get expert advice. We strongly recommend talking to a lawyer who specializes in both firearm and cannabis laws in Arkansas. They can give you advice that fits your exact situation.
The goal of this article is to give you information so you can make a responsible choice. It is also incredibly important to be a responsible owner. This means never using cannabis while you are handling a firearm and always storing them safely in separate, locked places.
Note: For those who are thinking about using medical cannabis for a health condition, the journey starts with a consultation. You can get approved for your medical card online in minutes through a process that is both private and easy to follow.
To make the best health decisions, it helps to be informed. You can learn more about the different types of cannabis strains and their potential effects to better understand what might work for you.
HealifyNowMMJCards Note: Get your medical card approved quickly at HealifyNowMMJCards! Experience hassle-free access to the care you need. Begin your application now!
The Evolving Legal Landscape
It’s also important to know that these laws might not stay this way forever. The rules are changing and being challenged in court. Things are definitely starting to evolve.
For example, a federal judge in a nearby state recently ruled that this federal ban was unconstitutional. The government is fighting that decision, but it shows that even courts are beginning to question these old rules.
As more people and states support medical cannabis, the pressure will continue to grow. This will hopefully lead to new laws or court decisions that finally clear up the confusion between state and federal laws.
Conclusion: A Clearer Picture, but Still a Federal Fog
So, let’s bring it all together. We’ve looked at the laws from both the state and federal sides. As you can see, the answer to our question is not a simple “yes” or “no.”
Arkansas has done something amazing with Act 757. It gives medical cannabis patients some of the strongest protections in the country at the state level, especially for getting a concealed carry license. This is a huge step in the right direction.
However, the dark cloud of federal law still hangs overhead. It has not changed, and it still creates a serious legal risk for patients.
The final answer to Can Medical Marijuana Patients Own Guns in Arkansas? is this: The state has cleared the path for you to get a concealed carry license, but federal law still says you cannot legally own a gun. Every person must look at these facts and decide for themselves what level of risk they are willing to take. For current patients, managing your certification is simple through the patient login.
