Oklahoma Medical Marijuana Users Can’t Possess Guns

Federal officials say Oklahoma residents with medical marijuana cards will be prohibited from obtaining gun permits, following a recent decision by voters to approve the medical use of the drug.

State residents voted in favor of the marijuana measure Tuesday. The move puts Oklahoma gun owners in a conflict 25 other states are facing between state and federal laws governing guns and marijuana.

Federal law says it’s illegal to possess both a gun and marijuana. It’s part of the 1993 Brady Act, which amended the Gun Control Act of 1968 to reference provisions of the Controlled Substances Act.

Two U.S. Senators, Republican Cory Gardner of Colorado and Democratic Elizabeth Warren of Massachusetts, have introduced a bill that would protect states that have legalized marijuana from federal interference.

Don Spencer is the president of the Oklahoma 2nd Amendment Association. He said state gun owners who need marijuana for treatment should be allowed to possess both.

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“Personally I think a person that is peaceful in their own home, if they have a medical prescription and own a firearm, and whether it’s alcohol or prescription drugs, I don’t think that there should be any repercussions from that”, he said.

The association will be looking into the issues and the enactment of the medical marijuana law, Spencer said.

“Part of what we’ll be talking about is what other states have done”, he said. “If there is an existing suit we can dogpile on top of, that’s a possibility.”

Spencer said he doesn’t recommend filing a suit at this time.

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives recommends those who may consider obtaining a marijuana card to contact legal counsel or the agency for guidance on how to legally transfer, sell or dispose of firearms.

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