Oklahoma is one of the most gun-friendly states in America and a passionate supporter of the Second Amendment. Its gun-friendly stance is well documented, so it should come as no surprise that owning a firearm in Oklahoma is fairly easy.
But what happens when you add medical marijuana into the mix? Can you have both a gun and an Oklahoma medical marijuana card?
While an MMJ card can help holders use cannabis as a prescription medication, the federal government does not recognize marijuana as a medicine. This means that for many states where both medical and recreational cannabis are legal, owning a gun can be a tricky proposition.
In this article, we’ll look at the confusing laws and regulations around gun ownership and medical marijuana in Oklahoma.
Does Having a Medical Marijuana Card In Oklahoma Mean You Cannot Own a Gun?
No, having a medical marijuana card in Oklahoma does not preclude you from owning a gun. In simple terms, you can own a gun and have a medical marijuana card in Oklahoma at the same time.
According to the 2019 Oklahoma Statutes Title 63, medical marijuana patients or caregivers cannot have their ability to carry or purchase a firearm, firearms accessories, or ammunition restricted due to their position as an MMJ participant.
Additionally, no one will inquire about your gun ownership status when applying for a medical marijuana card in Oklahoma since the two are considered independent databases.
The Self-Defense Act oversees gun licensing and has its own separate database, while the state health department representatives do not upload information from the medical cannabis database into the National Instant Criminal Background Check System (NICS).
This means that even if you are a medical marijuana patient or caregiver in Oklahoma, the federal government will not be aware of your MMJ status when conducting a background check.
The Laws Surrounding Medical Marijuana and Guns in OK
Oklahoma legislators have put considerable effort to ensure that the gun rights of medical marijuana card holders are protected.
In March 2019, the Oklahoma Legislature passed the Unity Bill which was signed into law by Governor Kevin Stitt. According to the bill, “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.”
Then in November 2019, Oklahoma became a constitutional carry state which allows anyone aged 21 years and older (or 18 for military personnel) to carry a firearm, either concealed or unconcealed.
The state senate also voted 42-0 in February 2020 to pass Senate Bill 959, which prohibits the state from denying an individual’s application for a concealed carry firearms permit due to their medical marijuana status despite the ongoing federal prohibition.
The continued effort to protect people’s Second Amendment rights while providing legal protection for medical cannabis users is indicative of Oklahoma’s commitment to preserving both public safety and personal freedoms in accordance with its laws and statutes.
Can You Take Your Gun With You to the Dispensary in Oklahoma?
Yes, Oklahomans can legally open and concealed carry firearms without a permit, including to the dispensary. As long as there’s a valid reason for doing so and the individual is not infringing any other laws, carrying a firearm to the dispensary is perfectly legal.
In 2019, the state abolished its licensing requirement for carrying a concealed firearm in Oklahoma, meaning that anyone aged 21 or older can now carry a concealed weapon without first obtaining a permit.
However, there are certain locations where carrying a firearm is prohibited by state law such as:
- Universities, colleges, or technology center schools
- Legal gambling establishments
- Prisons and jails
- Government buildings or offices for public business
- Publicly-owned sports venues
If You Already Own a Gun and Want to Apply for a Medical Marijuana Card
If you already own a gun and want to apply for a medical marijuana card in Oklahoma, there is no need to worry. As previously mentioned, the federal government will not be aware of your MMJ status when conducting a background check.
When you apply for an Oklahoma medical cannabis card, no one will ask you if you own a gun or want to purchase one.
The databases for both the Self-Defense Act and medical marijuana are kept separate, and since the state health department officials don’t upload information from the cannabis database into the National Instant Criminal Background Check System (NICS), no one will know that you’ve applied for a medical marijuana card if they run a background check on you.
The ATF has clarified that it will not spend its time or resources to shift its focus from violent crime and gun trafficking to enforcing federal laws against medical cannabis users. However, this also doesn’t give a free pass to anyone involved in federal firearm crimes.
If You Already Own a Medical Marijuana Card and Want to Purchase a Firearm
Holding a medical marijuana card is grounds for denial of a firearm purchase in Oklahoma. This is based on the Firearms Transaction Record form 4473, which states that anyone who is an “unlawful user” or addicted to any controlled substance cannot own firearms.
To complete your firearm transaction, you’ll be required to fill out a six-page application that asks whether you’re a user of any controlled substances and/or have been previously convicted of a felony. The accompanying warning statement states that it doesn’t matter if you reside in an MMJ or decriminalized state, as federal laws still apply.
If you answer “yes” to any of these questions, your application will be denied and you’ll be prevented from purchasing or possessing firearms. If you are a qualified patient but answer “no,” you are committing a federal crime of perjury.
Ultimately, what you choose to disclose on your background check is up to you. Oklahoma has its residents’ backs when it comes to medical cannabis, but the federal government’s stance is still clear – no guns for MMJ users.
Also you can read Oklahoma Medical Marijuana Laws
Want To Become a Legal Cannabis Cardholder In OK? We Can Help
At Oklahoma Cannabis Card, we believe that everyone should have access to quality health care. That’s why our team of experienced doctors and staff are dedicated to helping Oklahomans become legal cannabis cardholders.
If you’re a qualified patient looking for the best medical marijuana doctor to provide you with your medical marijuana recommendation, look no further – we are here to help.
Schedule your appointment with us today and see how easy it is to become a legal cannabis cardholder in Oklahoma!