This State Now Makes It Legal For Potheads To Buy Guns

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Well, this is an interesting turn of events: One state has passed a law that no longer allows marijuana usage to prevent a person from being able to buy a firearm.

Now, I expect that there will be a number of Cheech and Chong jokes in the comments, but this is a reality in Oklahoma now: use of marijuana for medical purposes can no longer be justification to denying firearm ownership to a person. Mike Maharrey writes,

Today [08/28/2019], an Oklahoma law that prohibits the denial of firearms ownership to patients using medical marijuana went into effect despite federal prohibition.

Last summer, Oklahoma voters approved a measure legalizing medical marijuana in the state. A coalition of three Republicans introduced House Bill 2612 (HB2612) on Feb. 4 to create a regulatory structure and establish important patient protections for the state medicinal cannabis program.

The Oklahoma House passed HB2612 by a 93-5 vote. The Senate approved the measure 43-5. With Gov. Kevin Stitt’s signature in March, the new law went into effect Aug. 28.

The expanded patient protections written into HB2612 are significant. Under the law, “a medical marijuana patient or caregiver licensee shall not be denied the right to own, purchase or possess a firearm, ammunition, or firearm accessories based solely on his or her status as a medical marijuana patient or caregiver licensee.”

It also prohibits the state from denying a medical marijuana patient access to public assistance programs, including Medicaid, SNAP and WIC.

Maharrey continues:

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Most states have formally adopted this federal ban on owning firearms for medical marijuana users, or simply help in its enforcement. For instance, police in Hawaii sent letters to medical marijuana patients who owned guns telling them they had 30 days to surrender their weapons.

While passage of HB2612 does not overturn the federal Gun Control Act of 1968, it does remove the state and local enforcement arm of that unconstitutional act as it applies to medical marijuana users in Oklahoma.

Now, whatever your position on medical marijuana usage, the fact of the matter is that regular users are certainly no more violent than the average person, at least not for reasons of using marijuana. So, is there really a valid reason for government to prohibit a medical marijuana user from owning a firearm either for personal protection or for sport purposes?

Still, with Federal laws still on the books prohibiting ownership of firearms by users of marijuana, it will be interesting to see if Oklahoma is left in peace or if the Federal government will seek to consolidate power by trying to force the state to deprive people of their gun rights.

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69 COMMENTS

  1. This state law may prevent state and local LEO from enforcing the Federal Prohibition, but it does not make it “legal”. Anyone purchasing a firearm will still need to certify that they are not users of illegal drugs or marijuana (or the purchase will be denied), and a lie is still able to be prosecuted by the Feds.

    • Rightly so. I personally don’t want to be around anyone that is drunk or high using firearms.
      Gun powder alcohol and drugs don’t mix.

      • I am a Veteran of the U.S. Navy. I use ( not “smoke” medical marijuana. It does no make me “high”. It helps with the pain and it helps me sleep.
        You have the same attitude as the Gun-Grabbers : a few abuse so EVERYONE pays.
        Congratulations on outing yourself.

        • NJohnson,
          I’m also a user & gun owner.
          I do not get “high”,, as that isn’t my goal.
          I use, as you do, for pain & sleep.
          It will kill a debilitating migraine in short order as well.
          I make a tea & drink it.
          No sugar as sugar only feeds the pain.
          I’m very responsible & have used since 1977.
          Beats the poisonous & addictive prescription pain meds . I won’t touch them.
          Thank you for serving 😇❤️🐦

      • So are you saying anyone that consumes alcohol should be denied firearm ownership? If so then we need to take automobiles away too . More people are killed and injured by drunk drivers than drunk or high firearms owners

          • Not here. Criminals do not go to a certified Dr to be given a prescription to be a criminal either! LOL This must be one of the heroin states speaking.

    • You said “Illegal” drugs. If the person has a medical permit for for the pot, it’s NOT an illegal drug. Personally, I haven’t smoked any for over 40 years, and don’t plan to start. But the smokers I’ve known will be more worried about where they’re going to get they’re next Ho-Ho or Twinkie, rather than if they can be packin’.

    • You said “Illegal” drugs. If the person has a medical permit for for the pot, it’s NOT an illegal drug. Personally, I haven’t smoked any for over 40 years, and don’t plan to start. But the smokers I’ve known will be more worried about where they’re going to get they’re next Ho-Ho or Twinkie, rather than if they can be packin’.
      And I know people that actually consume for strictly medical reasons, that are some of the most conscientious gun owners I know. Also, some that would never do anything to impair their judgement, that shouldn’t be aloud to own a paper clip, let alone a firearm.
      And I live in Oklahoma, where we consider our rights to be inalienable.

    • The 2nd Amendment is to prevent laws being passed to inhibit our possession or use of arms. You know the little line that says “;shall not infringe”. that does not mean that laws
      can be passed restricting our rights just because someone does not like or agree with or feels unsafe becauSe of something you do or say I advocate for stricter penalties for the MISUSE OF ARMS NO PENALTIES FOR THE USE OR POSSESSION OF THEM..

  2. People who drink alcohol can own a gun but a Med MJ user cannot. That’s absurd. A drunk person is far more likely to shoot someone because they’re drunk than stoned. More gun deaths are directly related to alcohol level at time of shooting than MJ. Alcohol inebriated people get shot in bars beginning with just bumping into each other and having it escalate. Stoned people bump into each other and it’s “Sorry man”, and move on and get a pizza. Government uses the reason that MJ users can’t legally buy guns in most states is that it is still listed as a class 1 schedule drug, up there with heroin, meth, and coke. If everyone would pressure their representatives and senators to either legalize or at least reduce MJ use to a misdemeanor, then we will have something to win gun rights with.

    • I would get in a vehicle with a person high on pot, heroin, or cocaine, 10 times before I’d get in with someone that drank a few beers or shots. Drugs dont affect everyone the same way, which is why some can be addicted to opiates and work for years. This is absolute fact. I dont need a commission or a scientific study to tell me what I’ve seen with my own eyes. And dont tell me people dont go out and drink beer and shoot. Its irresponsible. As it would be to get high and shoot guns.

    • There is a rather LARGE difference between a person who drinks alcohol and someone who smokes pot. One is legal the other is not. Where do you get your stats on gun deaths related to drinking and that of people using pot? Pot affects people in different ways. Not all of them say “sorry man”. As a LEO I’ve seems some pretty violent pot heds.

      • People who use pot are generally pretty calm folks.
        My guess is if they were combative, it wasn’t pot. Or… They have mixed with alcohol or spice.
        Pot alone does NOT cause violence.Period.

        • Walter is evidently one of ‘those’ LEOs who is all about letter of the law and prejudice rather than common sense.

  3. A prescription is a prescription signed by a licensed certified Medical Doctor. Medical marijuana is now considered a medical prescription and must be recognized as such(medicine. This is just a violation of an individuals 2nd Amendment and to illegal gun confiscation. If this is the case,,then all prescription users of medication would have to surrender their guns. Unlawful!

  4. Doesn’t make any difference. Read question 11.e on ATF form 4473, and it clearly states that cannabis use is still against Federal Law as a Schedule #1 Controlled Substance, regardless of the individual State’s Laws regarding the legal use medicinally of recreationally and that change to the form was made in 2016 (under Obama). So your State may not prosecute you, but the Federal Goverment can. Until the Federal Government decriminalizes Cannabis use, you’re denied using Cannabis products.
    Is it a stupid ruling? IMO, yes, but not because I’m a fan or support marijuana use. Intoxication is intoxication, regardless of the substance, so allowing alcohol use while denying any other substance is hypocritical. But no one will ever accuse the ATF of making logical or reasonable rulings.

  5. Why should marijuana use under Doctors care be a disqualifying reason for gun ownership when other controlled substances are not and alcohol, although legal, is not either? As long as the gun owner uses the weapon while sober, as with the other intoxicants, there should be no problem. Before anyone starts yelling another pothead heard from, I’m a retired Deputy Sheriff with common sense and strong belief in the 2nd amendment and people’s rights to protect themselves. Most of this controversy stems from the old school belief that marijuana is evil, thus the reluctance from the dinosaurs still in office, refusing to see the wind of change, but are more than willing to take advantage of the federal statute outlawing the use, to take unsuspecting gun owners from their possession of firearms. End run around 2nd amendment which they do so well.

    • Bingo!! marijuana USE has mental and physical effects just as the USE of alcohol. If a person indulging in either or both should take precautions to keep weapons out of reach maybe even a designated “driver/sober person”.

  6. Like you mentioned at the end of the article, the marijuana question is on the 4473, not sure how the state can over rule federal law. Of course the commie states like Cali and Illinois have been thumbing their noses at the federal government for awhile now, I guess we’ll see.

  9. If they are FREE. They can. Sorry to tell you But nowhere do I see THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS EXCEPT. The way the so called patriots are giving up the Constitution. I’m getting my gear out of the way. You all can keep giving in to their unconstitutional laws. I won’t. Felon cannot own a gun? WRONG. If a person is that bad. they should not be on the street PERIOD. That ILLEGAL joke of a law came straight out of the 68 GUN CONTROL ACT. You all can crawl on your belly. I WILL NOT. Enjoy your bitter harvest.

    • I actually thought when a person did his time, and was released, he has paid his debt to society. How can said person get a job or do anything, with that already paid for debt, in the way. Of course he should be allowed to have a firearm, because he has paid his debt. But the feds ensure he never can get a decent job. I just dont get it, except if hes on every government program under the sun, just to survive, they can make sure he votes dem, or maybe lose a few things. The guy pays his debt. Hes done. Let him out. Clean slate. If he does another crime, now he gets double sentence. Theres ways of keeping a leash, without handicapping him so bad, nobody will hire him.

      • This is one thing Barry Obummer was doing that many conservatives didn’t understand. I disagree with Obummer on most everything, but this in some ways makes sense. he wanted to make it so employers could not do criminal background checks. And people said that was horrible. But there is the point that employers may discard any applications that show any criminal history. So that leaves people in that boat perhaps with no way to get a job, or only the most horrible of jobs. And then perhaps that person who cannot get a job because of the record might just fall back on acts considered criminal to make a living. And also perhaps that person was set up on a crime or chose a plea bargain instead of a “fair trail” because of the gamble of what might happen if they did not choose the plea bargain.

    • Drunks can have a gun , but marijuana users cant ? The audacity ! Bunch of pathetic uninformed menial mind idiots !

      • So supposedly pot smoking causes euphoria and relaxation and alcohol is known to make people violent and make bad decisions. So we want people to have all the alcohol they can poison themselves with but not all the pot that makes them mellow. There are many bad health affects of alcohol but few with pot, and even some evidence that pot fights cancer. Seems the big money alcohol company (dealers, distributors, pushers) are doing a great job of brainwashing the public. Give Old Grandad a big bottle and a gun. Sure this is why sports owners are against guns, they push alcohol at the games and get people drunk and they get dumb men all excited over nothing scores and they sure don’t want weapons in the mix. Would make for bad publicity when people get killed. Reminds me of some ass attorney I used to know that would call people crakc heads when they pissed him off yet he always had his flask of booze in his pocket for frequent fixes.

  11. All this points up is the fact that the Federal government simply can’t ever bring itself to admit it made a mistake (even when the actual people who made the mistake are long dead) and must be pushed into doing so by we, the people.

    The reasons for criminalizing marijuana in the first place were economics and racism.

    We need to make them admit that they were bad reasons and to undo that mistake.

    They will never be able to give those imprisoned for possession their lives back but they can stop infringing on our freedoms.

  12. I feel bad for anybody suffering from chronic pain or disease and is taking Marijuana to ease said pain. My dad died of cancer in 1992. He used it to ease his pain and well frankly it gave him an appetite. Many fighting cancer have no appetite because the cancer meds make you too Tired or sick to eat. (And the munchies are not a joke) But a Cautionary tale to all. Whether your drunk or high and then get involved in a shooting. Even if totally justified but being under the influence, it is going to be an issue. I’m not talking about criminally except say California/ New Jersey – insert stupid anti gun state name here. If your not charged Criminally , civilly the plaintiff/ (deceased bad guys family )attorney will have field day with you on the stand. The truth is no matter how justified you were you are most likely getting sued. All the judgement questions they will launch at you. Same reason if your carrying a gun you shouldn’t go into a bar if it’s even lawful in your state. Don’t turn a good self defense shooting into a total debacle, put the bottle or the pipe down if your gonna carry.

  13. While I sympathize with the concern, “shall not be infringed” still rings in my mind. I know people I wouldn’t trust with a gun without any mind-altering drugs or alcohol or caffeine but those words still ring true.

  14. Why is the author using the term ‘pothead’? That’s a discriminatory term which does NOT apply to many cannabis users including medical users. Are you that much of a hypocrite redneck alcoholic?

  15. DOES Anyone out there realize how many automobiles kill people each year?

    We are proposing legislation through the house and senate to outlaw the use of automobiles strictly to SAVE LIVES!

  18. If the government keeps legalizing gun laws for everyone to carry I am afraid they will use the results as means to eventually take our guns away when misused.

  19. You have to take the bad with the good! The 2nd Amendment says you shall not infringe upon the rights to bear arms! Period! end of story . Just because you take medication does not mean they don’t have the right to protect themselves and their families! Cannabis is the most useful plant on this earth and that is why the drug companies and politicians have brainwashed everyone into thinking its bad! if it is legalized then they will all lose money! It is not even close to being as bad as Alcohol and that kills more people then guns do yet they haven’t done anything about that!

  20. It’s their inalienable rights to own a gun and protect their home with it, whether you and I like it or not. I DON’T SMOKE POT OR CONDONE IT in my house. I was in the ARMY during the VNam war and 80% of the soldiers smoked or used pot. Most of them still do and most of them own guns. Drugs, alcohol, any mind altering person or animal most certainly should NOT be around loaded guns especially during hunting, shooting , events, plinking just like they should NOT be driving a vehicle because it’s to damn dangerous. Some people’s hair catch on fire the minute guns are seen, bought, sold, or just having a right to own one whether they smoke pot or not. Get over it already.

  21. The problem is that the majority of comments made here have missed the real issue. Even though the state has implemented a law that makes it legal in Oklahoma, it is still a violation of federal laws.

    This has put the firearms dealers squarely in the middle of this battle. If a user of marijuana, both medically and/or recreationally, they are in violation of federal laws and they cannot legally purchase a weapon from the dealer. If the user lies on the 4473, they are subject to criminal prosecution. If another person buys the weapon for them, that is a straw purchase and is also illegal (except for Eric holder/fast & furious). The dealer will also be investigated to find out if they violated any laws or were complicit.

    There is even a larger issue that almost everyone needs to consider. When states propose legalizing marijuana for recreational or medical purposes, they will get a huge outpouring of voters to support the proposal. These voters usually vote heavily democratic and those in power know this. They push these changes knowing it will help them in the elections to obtain the power they seek.

    With these sleezebags in power, they will be able to push, and enact, their vile agendas with impunity. The logic here is that stoned constituents won’t be paying too much attention to their actions until it is way too late. By then you will have your first amendment rights severely restricted, your second amendment rights will be completely taken away, and your fourteenth amendment rights will be shredded. Those who are in opposition, will be considered enemies of the state and will be arrested and prosecuted.

    So much for your constitutional rights. Congratulations, you will have become the stoned subservient subjects of the demonazis. If you have half a brain, you really need to compare what Adolph did in the 30s and 40s to what the demoscum has been doing over the past 10 years. Wake up before it’s too late.

  22. “to regulate [to make normal or in proper working order] commerce… among the states…”

    Remind this native English speaker where this confers any authority to ban any thing in the first place. The institution that came up with Dred Scot is very well known to be fallible. Why anyone with a 10 grade understanding of English and American history tolerates obvious abuse of power stupifies me.

  24. As a small few of others have pointed out, this is not about cannabis. The importance here is not whether something using a medically prescribed product should or should not be able to own, carry or use a firearm. The real issue is that anyone using medical marijuana and lying on the 4473 when purchasing a firearm is guilty of committing a felony that will strip them of their rights to own the firearm. It isn’t fair. It isn’t consistent, but it is the law.

  25. I love this country…but this government is not much different from others. Ya…we’re ‘free’ (as in everything’s free; as long as you pay)…but ask yourself this question. What can you do without asking some entity in charge for permission. I invite you all to look back at Hitler’s takeover…compare that to this govs takeover. Many similarities exist. Politicians vote for their careers. When they take your gun; hand them your freedom as well…they’ll be back for that soon.

  26. Regardless of State Law, form 4473 specifically states that Cannabis use, medically or recreationally, is still a Federal Offense and as such, the ATF will not allow the sale to proceed. If OK is saying it’s Legal, the only way would be for the seller to ignore the buyers use, or the buyer to falsify his statement. Either one, a Federal Offense.

  28. I Believe that as an American Citizen, It IS Our Right to Own and Bear a Gun… It is a definite deterant to criminals especially if you know how to use it Properly and Safely… And as for the Medical Marijuana user’s being able to own, possess or buy a Gun… I believe that Yes they should be able too… After all Marijuana is a Plant that can be plucked, dried and Consumed … And yes it does affect People differently however Never in my 57 year’s have I once heard, seen or witnessed a Person who has Consumed Marijuana, whether they Smoked it, Ate it or Drank it have they Ever become Violent or Combative No Matter how much they consume. Actually in my experience the More that is Consumed the Least Likely is the Person going to be Violent or Combative or Depressed… Now any type of Alcohol ( which has to be processed with several different ingredients) Definitely Alters the Person Who Consumes it and Yes Some of the People Definitely Becomes Violent and Combative and alot of time’s Extremely Depressed… Also Continual use of Alcohol can Severely Damage the Stomach, Liver, the Central Nervous System and Also the Brain and Definitely Impair’s your reaction to and Definitely Impair’s your Vision… These things have been Confirmed For Over the Past 50 us Year’s… Now even Though Marijuana has been used probably the same amount of use over the Same 50 plus Year’s…There Have Been NONE OF THESE SICKNESS’S to any of the People who Only Used the Marijuana and Not the Alcohol… Alcohol is Very Detrimental to the Whole Human Body that is a Fact.
    But there are No Such Facts pertaining to Marijuana Use….
    What does this have to do with Being Able to Buy or Own a Gun…Well apparently alot because if these so Called Law Maker’s were Sober they’d be able to See that Letting a Gun be in the Hand’s of Someone who Consumes Alcohol is Definitely Idiotic… Plus they’d Also Be Able to see that Letting Someone Who Uses Medical Marijuana would be in much better Hand’s…. But No One Has EVER ACCUSED THE LAW MAKER’S AND THE GOVERNMENT WERE EVER REALLY BEING SMART NOW HAVE THEY….

  29. This is no worse than being allowed to buy guns and alcohol. In fact, there is more evidence of violence related to alcohol use than there is related to marijuana use. Legal or Not!

  30. Hello to all, I just skipped down so if this has been posted then forgive me. But as soldier who stated in a post above “he is not effected to the point of being high do to pain” this is why and most people do not understand this because it has not been explained ..if you are in pain what ever you are taking MUST tackle the pain before it can start effecting your judgement or make you “high”. Now with this said I personally do not use marijuana but I do know that if you have a good doctor managing your pain and the regiment is working then you might not even know that the person is even taking anything at all! This is where good doctors come in. Now I have seen first hand someone who is mismanaged and they are being over prescribed or “gorked out”! Those who are in that state are the one we should show concern for!

  31. But it all goes back to what is legal by the feds in the first place! The sad thing about the marijuana topic is when it comes to medical what is safer? Man made or natural then let the feds/the people decide which should be prescribed. After all this is America and we have laws to follow. Me personally, I am against recreational usage but no one asked me so I will be quite and I guess until or if ever we are asked by the higher up it does not matter what we say about the topic in discussion. Let’s just look out for one another and pray that our amendments are not removed in the future. God Speed Pax Et Bonum ⚓️

  33. The whole thing’s a f****** joke bunch of alcoholic pieces of s*** don’t remember any thirties and politician when you weren’t allowed to have any booze just another government control tactic the charge you more money feel sorry for your grandkids and great-grandkids they won’t be able to live supporting the rest of the world oh that’s right the Muslims are here to kill us anyways

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