Weeding Out Guns: Why It’s Illegal To Have Both

Thursday, June 28th 2018, 9:18 am

By: Ashley Holden

If you own a gun and are hoping to get a medical marijuana license -- think again.

Having both violates federal law. Simply put, Oklahomans are not going to be able to legally have both. That's because the federal law views people with a medical marijuana card as someone who is an "unlawful user" or someone "addicted to a controlled substance."

Related Story: SQ 788 Passes, Legalizing Medical Marijuana In Oklahoma

The federal law does not have an exception for medical marijuana, even if it is legal in states like Oklahoma. The law covers everything from owning, shipping, transporting or receiving any firearms or ammunition.

Austin Warfield, the owner of C.O.P.S. Gun Shop in Oklahoma City said he really didn't think State Question 788 would pass, but they will be making sure any transaction in their store is legal.

More: State Lawmakers Discuss Rules For Medical Marijuana

"I didn't think this was going to pass. We are the reddest state in the union and we have really conservative values here. So I'm literally in shock that it passed," said Warfield.

"Well they fill out the state or federal form 4473 background check and on that form is a question are you addicted to marijuana or any other drugs."

Also: State Department Of Health Talks Implementation of SQ 788

The Bureau of Alcohol, Tobacco, Firearms and Explosives said if you're hoping to get a marijuana license you need to make plans for any guns you currently own before actually getting the license.

Question 11.e. on the federal firearms transaction form asks:

Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?

Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

Related Story: Did Your County Vote For SQ 788?