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Getting a Medical Marijuana Card Can Affect Your Gun Rights

If you are a medical marijuana card holder in Oklahoma, possession of a gun could result in criminal charges.

The right to use marijuana for medicinal or recreational purposes is one of the most hotly debated issues of our time. While many states, including Oklahoma, do permit it for certain medical uses, federal laws still categorize it as an illegal substance. As a result, marijuana legalization clashes with gun ownership laws, another issue that is controversial for some people. As experienced Ponca City, OK criminal defense attorneys, we regularly represent clients who face gun possession charges as a result of not being aware of their rights in regards to this issue.

Medical Marijuana in Oklahoma

Over the past several decades, more is becoming known about the potential medical benefits of the marijuana plant and its byproducts. Hemp-derived oils and other substances have flooded the market while states across the national have made major changes in marijuana laws. According to the National Conference of State Legislatures (NCSL), 11 states and the District of Columbia have legalized relatively small amounts of marijuana for recreational use. 34 others have legalized medicinal use of the substance and regulate how it is distributed to patients.

Oklahoma legalized medical marijuana in 2018. Users with certain types of medical health conditions may obtain an identification card authorizing use through the Oklahoma Medical Marijuana Authority (OMMA). This allows patients to legally possess up to three ounces of the substance without fear of facing criminal charges. However, it is important to recognize that these laws only apply in the state and do not impact those in other areas or any federal guidelines currently in place.

How Medical Marijuana Clashes with Gun Ownership

Each state is permitted to create its own laws regarding marijuana use. However, on a federal level it continues to be illegal, with laws enforced through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Under these federal laws, marijuana is considered a controlled substance and possession of even minor amounts could impact your other rights, including gun ownership.

The right to legally buy or own a firearm is governed under the Gun Control Act of 1968. This requires background checks of all users, screening them for criminal behavior which could make them ineligible to purchase a weapon. These laws trump any state laws which are currently in place. As a result, you may be entitled to a medical marijuana card which allows you to use the substance legally in Oklahoma. However, on a background check, this information would appear and could be used to make you ineligible to buy or possess a gun or weapon.

Contact Our Ponca City, OK Gun Rights Attorneys

At BDIW Law, we represent people facing legal issues regarding their rights to own a gun. To discuss how these laws could potentially impact your case, call or contact our Ponca City, OK criminal defense attorneys and request a consultation today.

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