Can I Own a Gun and Have a Medical Card in Oklahoma?

The relationship between gun ownership and medical marijuana use is a complex and often misunderstood issue. In Oklahoma, where both gun rights and medical cannabis are significant topics, many residents are left wondering if they can lawfully own a firearm while holding a medical marijuana card. Given the state’s strong support for Second Amendment rights and its progressive medical marijuana program, this is an important question that deserves a clear answer.

While Oklahoma state law permits the use of medical marijuana for qualifying individuals, federal law has a different perspective. This article explores the legal landscape surrounding gun ownership and medical marijuana in Oklahoma, helping you understand your rights and responsibilities.

Oklahoma’s Medical Marijuana Program

Oklahoma has been at the forefront of medical cannabis since the passage of State Question 788 in 2018. This law made it legal for qualifying residents to obtain a medical marijuana card and access cannabis to treat various health conditions, such as anxiety, chronic pain, PTSD, and more. The process is simple and accessible, allowing thousands of Oklahomans to benefit from the therapeutic properties of cannabis.

To get a medical marijuana card in Oklahoma, patients can easily apply online through services like Oklahoma Cannabis Card, which offers a streamlined process for $129, with renewals every two years for $99. This service connects patients with certified doctors who evaluate their condition to determine if they qualify for medical cannabis use. Once approved, the patient receives a recommendation, registers with the Oklahoma Medical Marijuana Authority (OMMA), and can legally purchase cannabis from licensed dispensaries.

Federal Law and Gun Ownership

On the federal level, marijuana—whether for medical or recreational use—remains classified as a Schedule I controlled substance under the Controlled Substances Act. This classification puts it in the same category as drugs like heroin and LSD, despite its legalization for medical use in many states, including Oklahoma.

The conflict arises because of a federal law known as the Gun Control Act of 1968. Under this law, it is illegal for anyone who is an “unlawful user of or addicted to any controlled substance” to possess firearms or ammunition. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has clarified that this law applies to all marijuana users, including those who use it legally under state medical marijuana programs.

When purchasing a firearm from a licensed dealer, individuals must complete ATF Form 4473, which specifically asks whether the purchaser is an unlawful user of marijuana or other controlled substances. Answering “yes” would disqualify the individual from purchasing the firearm, while answering “no” could be considered perjury if the individual holds a medical marijuana card.

How This Affects Gun Owners with Medical Marijuana Cards in Oklahoma

In Oklahoma, the state does not have laws preventing medical marijuana patients from owning firearms. The Oklahoma Self-Defense Act, which governs the issuance of concealed carry licenses, does not disqualify individuals based on their status as medical marijuana patients. However, because federal law takes precedence over state law, gun owners who use medical marijuana are technically in violation of federal law.

It’s important to note that while Oklahoma law enforcement generally adheres to state law, federal authorities could potentially enforce federal regulations. This means that while you may not face state-level legal consequences for owning a firearm and a medical marijuana card, you could still be at risk of federal prosecution, particularly if you try to purchase a gun from a federally licensed dealer.

Real-Life Scenario: Gun Ownership and Medical Marijuana in Oklahoma

Let’s consider an example. Jessica, a resident of Oklahoma, suffers from chronic pain due to an old injury. She decides to apply for a medical marijuana card to help manage her symptoms. Jessica is also an avid hunter and owns several firearms. After receiving her medical marijuana card, she wonders if she can still legally purchase another firearm to add to her collection.

While Oklahoma state law does not prohibit Jessica from owning or possessing firearms just because she has a medical marijuana card, federal law creates a different situation. If Jessica walks into a gun store to buy a new firearm, she will be required to fill out ATF Form 4473, which asks about marijuana use. If she answers truthfully and acknowledges her use of medical marijuana, the dealer cannot legally sell her the firearm. If she lies, she risks criminal charges for making a false statement on a federal form.

This puts Jessica—and many others like her—in a difficult position. While state law protects her right to possess both firearms and medical marijuana, federal law does not, creating a legal gray area.

Potential Future Changes

As public perception of marijuana continues to evolve, there is increasing pressure on the federal government to reconsider the classification of cannabis. Many advocates hope for federal cannabis reform that would remove marijuana from the Schedule I list or at least create exceptions for medical use. If such reforms occur, it could help resolve the conflict between state and federal law and allow medical marijuana patients to exercise their Second Amendment rights without fear of federal prosecution.

Until then, medical marijuana patients who own guns will need to navigate this tricky legal landscape carefully. It’s always a good idea to stay informed about current laws and consult with legal experts if you have concerns about your rights.

What Are Your Options?

As a medical marijuana cardholder in Oklahoma, you essentially have three options:

1. Continue with both: You can retain your medical marijuana card and continue to own firearms, knowing that while Oklahoma state law does not prohibit this, federal law does.
2. Choose between the two: Some individuals may choose to forgo a medical marijuana card to avoid potential conflicts with gun ownership. Others may decide that the benefits of medical cannabis outweigh the risks and continue as medical marijuana patients, even if it limits their ability to purchase new firearms.
3. Look for alternative therapies: If the conflict between gun ownership and medical marijuana use is a significant concern, you might explore alternative pain management or treatment options that don’t involve cannabis.

Conclusion

The answer to the question, “Can I own a gun and have a medical card in Oklahoma?” is not straightforward. While Oklahoma state law does not prohibit medical marijuana cardholders from owning firearms, federal law tells a different story. The federal government still classifies marijuana as a Schedule I controlled substance, and under federal law, it is illegal for anyone who uses marijuana to possess firearms.

For now, this legal contradiction leaves medical marijuana patients who are also gun owners in a precarious position. If you hold both a medical marijuana card and own firearms, it’s important to be aware of the potential risks, particularly when it comes to purchasing new firearms. While Oklahoma state authorities may not enforce federal gun laws, the possibility of federal prosecution remains, albeit rare.

Ultimately, it’s up to each individual to weigh the benefits of medical marijuana against the potential risks to their gun ownership rights. As cannabis laws continue to evolve, we can only hope for future federal reforms that will eliminate the need for such difficult decisions.

This article is for Oklahoma Cannabis Card, which provides an Oklahoma Medical Marijuana Card for $129 and renews after two years for $99. If you’re considering medical marijuana for your health, consult with a certified doctor and ensure you understand both state and federal laws before making any decisions about firearms.