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Arkansas Law protecting medical marijuana patients’ gun rights officially takes effect

August 1, 2023 by Kyle Jaeger

On Tuesday, a new law in Arkansas clarifies that medical marijuana users can obtain concealed-carry licenses for firearms.

In April, the governor signed the bill just a few days after it passed the legislature with a strong majority.

The new law states that the status of a patient as a medical cannabis patient is not to be considered “when determining whether a candidate is eligible for a license to conceal a handgun”.

The state statute was also amended to clarify participation in the medical cannabis program does not mean a person is chronic or habitual of a controlled substance. This could disqualify a person from obtaining a concealed carry permit.

As part of an investigation on concealed carry eligibility, the state Department of Health will not be able to disclose a patient’s status to state police.

The new legislation , signed in by Gov. Sarah Huckabee Sanders’ (R) comments are more focused on the concealed carry issue.

Arkansas does not require concealed carry permits, but many Arkansas gun owners choose to obtain one for the benefits it offers when traveling to other states or to provide clarity during police encounters.

The amendment 98 stated that no patient’s rights or privileges should be violated because they have medical marijuana. Aaron Pilkington, R, who sponsored the newly enacted law, told KATV that this did not extend to concealed carry holders. He was referring to a medical cannabis ballot initiative approved by the voters of the state.

He stated. But now, federal law states that firearms rights shouldn’t be restricted by patient status. This includes opioids and other prescriptions.

Marijuana Moment tracks more than 1,000 cannabis and psychedelics bills, as well as drug policy legislation in state legislatures this year. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.

Discover more about our marijuana bills tracker. Become a Patreon supporter to gain access.

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Last year, Arkansas voters rejected a ballot measure to legalize adult marijuana in a more general way.

The Arkansas law focuses on patients and comes into effect at the same time that the federal courts are actively addressing the issue of gun ownership by cannabis users.

In the last year, there have been a number of federal cases in which the Justice Department was forced to defend constitutionality of federal gun bans for marijuana users. This is especially true after a U.S. Supreme Court decision where justices created a new standard for policies intended to restrict gun rights.

A federal judge ruled in February that the federal government’s reasoning for maintaining the gun ban is “concerning.” The DOJ has appealed that ruling.

The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives issued a warning after Minnesota became the latest state to legalize cannabis in May. It emphasized that those who use marijuana are still prohibited from owning or purchasing guns .

Rep. Brian Mast (R-FL), at the federal level, filed a bill in April to protect Second Amendment rights for people who use marijuana legally in states.

Mast is also co-sponsoring in this session a separate Bill from Rep. Alex Mooney (R-WV), which would allow medical marijuana patients to buy and possess firearms.


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The article Arkansas Law protecting medical marijuana patients’ gun rights officially takes effect first appeared on Marijuana moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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