Marijuana and Concealed Carry in Oklahoma

As medical marijuana becomes more widely accepted as a legitimate treatment option in Oklahoma, many residents are curious about how this intersects with other legal rights, such as the ability to carry a concealed firearm. Oklahoma, with its progressive stance on medical cannabis, has over 2000 dispensaries and a growing number of medical marijuana cardholders. However, Oklahoma residents who are both medical marijuana patients and gun owners may face a complex legal landscape when it comes to balancing their Second Amendment rights and their right to use medical cannabis.

In this article, we’ll explore the current laws surrounding medical marijuana and concealed carry in Oklahoma, clarify how federal and state laws interact on this issue, and provide practical advice for Oklahomans who wish to responsibly manage both their health and their legal rights.

Medical Marijuana in Oklahoma: A Brief Overview

The Oklahoma Medical Marijuana Authority (OMMA) oversees the state’s medical marijuana program, which was legalized in 2018 through the passage of State Question 788. This made it legal for individuals with qualifying medical conditions to apply for and use medical marijuana with a valid state-issued card.

Obtaining a medical marijuana card in Oklahoma is relatively straightforward. Services like Oklahoma Cannabis Card offer the card for $129, with a renewal fee of $99 every two years. Qualifying conditions include anxiety, insomnia, chronic pain, and more. Once you have a card, you can legally purchase and possess cannabis for medicinal purposes from licensed dispensaries across the state.

Concealed Carry Laws in Oklahoma

Oklahoma is also a state with strong gun rights protections. In 2019, the state passed a “Constitutional Carry” law, allowing residents over the age of 21 (or 18 if they are military personnel) to carry a firearm without a permit, whether openly or concealed. However, many residents still choose to obtain a concealed carry permit, particularly if they plan to travel to other states where permits are required or if they prefer the official documentation for legal reasons.

While Oklahoma has eased restrictions on who can carry a firearm, federal law still plays a significant role in determining who is eligible to own or carry a gun, particularly when it comes to individuals who use controlled substances like marijuana.

The Federal Dilemma: Marijuana as a Controlled Substance

Here’s where things get tricky. Under federal law, marijuana is classified as a Schedule I controlled substance, meaning it’s considered illegal for any purpose, including medical use. This puts medical marijuana patients in a difficult position when it comes to federal firearms laws.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) enforces federal firearm regulations, and according to the ATF, any current user of a controlled substance, including medical marijuana, is prohibited from purchasing or possessing firearms. When purchasing a firearm, individuals must fill out ATF Form 4473. This form asks explicitly whether the individual is an unlawful user of, or addicted to, marijuana or any other controlled substance. Even though medical marijuana may be legal under state law, the federal government still considers it illegal, and answering “yes” to this question would disqualify the individual from purchasing a firearm.

What Does This Mean for Oklahoma Residents?

For Oklahoma residents, this creates a conflict between state and federal law. While the state allows individuals to use medical marijuana legally with a valid card, federal law prohibits those same individuals from owning or purchasing firearms. This means that if you are an Oklahoma resident with a medical marijuana card and you also own or wish to own a firearm, you are technically in violation of federal law.

The Legal Consequences of Mixing Marijuana and Firearms

Although Oklahoma has not enacted any laws that specifically address the issue of medical marijuana patients and firearms, residents should be aware of the potential legal consequences of this conflict between state and federal law. These include:

• Firearm Purchase Restrictions: As mentioned earlier, you will not be able to legally purchase a firearm from a federally licensed dealer if you are a medical marijuana patient. This is because you must disclose your marijuana use on ATF Form 4473, and doing so will disqualify you from making the purchase.
• Possession of Firearms: If you already own firearms, federal law technically prohibits you from continuing to possess them if you are a current user of marijuana. While enforcement of this provision is rare, it is still a legal risk that you should be aware of.
• Legal Confusion: Oklahoma has strong protections for gun owners, but these protections are limited to state law. In the event of a legal issue, federal law will take precedence, and this could result in the loss of your firearms or criminal charges.

It’s important to note that this conflict between state and federal law has not been fully tested in court, and many Oklahoma residents continue to use medical marijuana while owning firearms without issue. However, the legal risk remains, and it’s essential to understand the potential consequences before making decisions about your health and your Second Amendment rights.

Can You Have Both a Medical Marijuana Card and a Concealed Carry Permit?

In Oklahoma, there is no state law that explicitly prohibits individuals from having both a medical marijuana card and a concealed carry permit. However, because federal law supersedes state law, medical marijuana patients who possess or carry firearms may still be at risk of violating federal law, even if they are in compliance with state regulations.

At this time, Oklahoma does not require medical marijuana patients to surrender their firearms or concealed carry permits. However, if you are a medical marijuana patient who is concerned about the legal implications of owning or carrying a firearm, it’s a good idea to consult with an attorney who specializes in firearms law or medical marijuana law.

Real-Life Example: A Gun Owner’s Dilemma

Consider the case of Mark, an Oklahoma resident who suffers from chronic pain due to arthritis. After years of relying on prescription painkillers, Mark decided to try medical marijuana to manage his symptoms. He applied for and received an Oklahoma medical marijuana card through Oklahoma Cannabis Card.

However, Mark is also a gun owner and enjoys hunting and recreational shooting. When he learned about the conflict between federal and state laws, he became concerned about whether he could continue to legally own his firearms. Despite Oklahoma’s progressive stance on both medical marijuana and gun ownership, Mark understood that federal law still posed a risk. To protect himself, Mark decided to consult with a lawyer to better understand his rights and responsibilities as both a medical marijuana patient and a gun owner.

Mark’s story is not uncommon, and it highlights the difficult choices that many Oklahomans face when it comes to balancing their health and their Second Amendment rights.

Practical Advice for Oklahoma Residents

If you are an Oklahoma resident who holds both a medical marijuana card and a concealed carry permit, here are some practical steps you can take to protect yourself:

1. Know the Law

Stay informed about both state and federal laws regarding medical marijuana and firearms. While Oklahoma law allows you to use medical marijuana legally, federal law still prohibits firearm possession for marijuana users. Understanding this conflict is critical to making informed decisions.

2. Be Cautious with Firearm Purchases

If you are a medical marijuana patient, you may be disqualified from purchasing a firearm from a federally licensed dealer. Be honest when filling out ATF Form 4473, as providing false information can result in serious legal consequences. You may also want to consider alternative ways to exercise your Second Amendment rights, such as using non-lethal self-defense tools.

3. Consult with a Lawyer

If you are concerned about the legal implications of owning firearms as a medical marijuana patient, consult with a lawyer who specializes in firearms law or medical marijuana law. They can help you understand your rights and responsibilities and provide guidance on how to navigate this complex issue.

4. Use Cannabis Responsibly

As a medical marijuana patient, it’s important to use cannabis responsibly. Avoid using cannabis while handling firearms, and always store your firearms safely and securely. By following best practices for both cannabis use and gun ownership, you can reduce the risk of accidents or legal complications.

Conclusion: Is it Possible to Balance Marijuana Use and Firearm Ownership?

The relationship between marijuana use and firearm ownership in Oklahoma is a complicated one, with state and federal laws often at odds. While Oklahoma allows residents to use medical marijuana legally with a valid card, federal law prohibits marijuana users from owning or purchasing firearms. This creates a challenging legal landscape for Oklahoma residents who want to manage their health with medical marijuana while also exercising their Second Amendment rights.

Ultimately, the decision to use medical marijuana or own firearms is a personal one. By staying informed, consulting with legal experts, and using both cannabis and firearms responsibly, Oklahoma residents can make the best choices for their individual circumstances.

This article is for Oklahoma Cannabis Card, which provides an Oklahoma Medical Marijuana Card for $129, with renewals every two years for $99.