Arkansas House of Representatives passed a bill clarifying that patients who use medical marijuana can get concealed carry licenses for firearms. It is now being sent to the Senate.
After passed through the House Judiciary Committee on Monday, Rep. Aaron Pilkington (R), introduced the legislation in an 82-5 vote to the full chamber.
Pilkington stated on the floor that no patient’s rights or privileges could be infringed on the basis that they have medical cannabis. However, this was not extended to concealed-carry holders.
“Federal law says gun rights should not be restricted based on patient status, and so no other prescriptions–whether it be opioids or others–prohibit someone from being able to have a concealed carry license,” he said. “I believe that it should not be different” for cannabis patients.
Arkansas’ bill states that the status of a patient who is qualified to use medical cannabis in Arkansas cannot be used to determine if an applicant is eligible for a concealed firearm license.
A state statute would be amended to clarify that participation is not a condition for obtaining a concealed carry permit.
The state Department of Health (DOH), would be prohibited from disclosing the patient status of a person to the state police in any investigation into concealed carry eligibility.
Although some states have taken steps to preserve firearm rights for cannabis consumers and patients, this legislation focuses more on concealed carry.
Although Arkansas doesn’t require concealed carry permits, some Arkansas gun owners want one. This is because it offers protections when traveling in other states as well as clarity during encounters with police.
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Arkansas voters rejected a ballot initiative to expand legalization of marijuana for adults in November.
The new Arkansas patient-focused bill is being debated in the midst of the ongoing federal court battle over gun rights for cannabis users.
In a continuing lawsuit regarding the ban by government preventing medical marijuana patients from owning firearms, the U.S. Department of Justice filed a brief at a federal appels court.
Many of the arguments DOJ made in the brief file echo points the agency made in previous filings in this case, including in a Federal District Court that dismissed the lawsuit which is now being appealed. The latest document emphasizes the “wide-ranging implications” of a ruling in favor of the plaintiffs.
In February, another federal court ruled that the ban on marijuana users possessing guns was unconstitutional in an appeal that is also underway.
Advocates argue that ending the federal ban on cannabis consumption is not about expanding gun rights. It’s a matter of constitutionality and safety .
Florida supporters argue that the Alcohol, Tobacco, Firearms and Explosives Bureau’s (ATF) requirement creates an incentive for marijuana consumers to lie on the forms, buy guns on the illegal market, or forgo their right of bear arms.
ATF issued a 2020 advisory that specifically targeted Michigan. It required gun sellers to perform federal background checks on all unlicensed gun buyers. The advisory stated that the state’s cannabis laws had allowed “habitual marijuana users” and other disqualified people to illegally obtain firearms.
A GOP Pennsylvania senator encouraged law enforcement to remove state gun ownership restrictions for cannabis consumers in light of the February federal court ruling that declared the ban unconstitutional.
A key House committee held a hearing on February 1st regarding a bill that would protect gun rights for Maryland’s medical cannabis patients.
, a Republican congressman, filed a January bill that would allow medical cannabis patients to buy and possess firearms. This legislation was also introduced in Congress 116th, but it was not enacted.
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The post Arkansas House passes a bill to protect medical marijuana patients’ rights to carry concealed guns originally appeared on Marijuana Moment.
