Until recently, medical marijuana patients in Arkansas had to choose between their MMJ card and their gun rights. That’s because, under federal law, cannabis use automatically disqualifies you from owning or purchasing firearms.
All that changed with the passage of ACT 757.
So, what does this mean for medical marijuana cardholders?
Here’s everything you need to know about the new gun bill, its benefits, and how it affects your access to marijuana.
Why Marijuana and Gun Ownership Are Legally Complicated
First things first, it’s no secret that marijuana and gun laws have a very rocky relationship. This is because, under federal law, cannabis is considered an illegal controlled substance.
As a result, even licensed MMJ cardholders cannot enjoy the plant and own a gun.
If you do consume cannabis while having a gun, the consequences can be quite serious. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has stated that anyone with any level of marijuana in their system is considered to be an ‘unlawful user’ and thus not eligible for gun ownership.
Even medical marijuana patients can lose their Second Amendment rights if they fail drug screenings.
These restrictions force individuals to make an incredibly difficult choice between two constitutionally protected rights. However, states like Arkansas are working to do something about it.
How Arkansas Handled Gun Rights for MMJ Patients Before
Like many other states with medical marijuana programs, Arkansas used to prohibit MMJ cardholders from purchasing or registering a firearm, even though medical marijuana is legal.
Moreover, any person found to be in violation of Arkansas laws related to marijuana was be automatically disqualified from obtaining or carrying a concealed handgun license.
Thankfully, all of these have changed, thanks to the new Arkansas gun law.
ACT 757: What the New Law Means for MMJ Patients and Gun Ownership
In April of 2023, Arkansas legislators passed HB1784 (now ACT 757) that would work to protect medical marijuana cardholders who also own guns.
This bill allows MMJ patients to still obtain their concealed carry licenses, despite being cannabis consumers.
Surprisingly, this new Arkansas gun law quickly passed in both the House and Senate. The new law gives cardholders and gun owners the protection and relief that they deserve.
The law titled ACT 757 makes it legal for medical marijuana cardholders and registered caregivers to acquire and carry a concealed weapon.
The law explicitly states that a person’s status as a medical marijuana patient or registered caregiver under Arkansas medical marijuana law will not be used as a determinant of their eligibility to be issued a concealed handgun license.
The bill’s original sponsor, State Representative Aaron Pilkington, said the new gun law harmonizes Arkansas gun policy with the state’s medical marijuana law.
He said: “Amendment 98 had language that said no patient’s right or privilege should be infringed upon on the basis of having medical marijuana. However, this wasn’t extended to concealed carry holders. There was an issue and a concern about what the federal law said. But now federal law says that gun rights should not be restricted based on patient status, and so no other prescriptions, whether it be opioids or others, prohibit somebody from having a concealed carry license.”
These laws also expand to caregivers, allowing them access to gun ownership.
Since Arkansas legalized medical marijuana in 2016, gun ownership and medical marijuana patient conversations have been hotly debated, causing a lot of discomfort for consumers looking to prioritize safety in their households.
This new bill provides more protection for gun owners and cannabis consumers than we’ve seen in most states. And this is a huge win for Arkansas MMJ cardholders.
ACT 757 vs. Federal Gun Laws: What It Means for Arkansas MMJ Patients
This is where things get tricky:
Arkansas’s ACT 757 gives medical marijuana patients and caregivers the right to obtain a concealed carry license at the state level. At the same time, federal law prohibits firearm possession by users of controlled substances, including marijuana.
When purchasing a firearm and filling out Form 4473, you have to declare if you’re a cannabis user. Answering yes automatically disqualifies you. Answering no, means you’re committing a felony.
What does this mean if you’re a medical marijuana patient in Arkansas?
You may be protected at the state level when applying for or renewing a concealed carry license. But you still risk federal penalties if you purchase or possess a gun while using medical marijuana.
If you were to be involved in a legal dispute or federal investigation, and it was discovered that you possessed both a firearm and marijuana, you could face legal repercussions under federal law.
How to Stay Legal and Safe as a Medical Marijuana Patient in Arkansas
With the passing of ACT 757, MMJ cardholders now have more protection under state law. Still, staying legal means keeping your certification up to date and following the rules closely.
Here’s how to make sure everything is in order:
Keep Your MMJ Card Active
Always make sure your medical marijuana card is valid to be protected under Arkansas’ new law. An expired card could affect your ability to legally possess or use cannabis or purchase a firearm.
With Elevate Holistics, renewing your card is as simple as 1, 2, 3. You can complete the entire renewal process online, from home, in just a few steps.
Follow State MMJ Guidelines
Even with a valid card, you must follow all Arkansas MMJ regulations. Purchase cannabis only from licensed dispensaries and stay within your allowed possession limits. Also, make sure to avoid cannabis use in public or on federal property.
Be Aware of the Federal Conflict
State law now allows MMJ cardholders to get concealed carry licenses, but federal law still prohibits gun ownership for cannabis users. While Arkansas won’t disqualify you, federal background checks and forms like ATF Form 4473 could still flag MMJ use.
Stay informed and follow state rules to avoid any legal complications.
Time to Renew? Here’s How to Do It With Elevate Holistics Makes It Easy
Sadly, Arkansas medical marijuana state regulations don’t allow residents to book first-time appointments via telehealth. Instead, you have to meet with an MMJ doctor in person to get your recommendation.
However, if you have a medical cannabis card and it’s set to expire soon — as they do every year — we can help you renew your certification 100% online.
If you’re ready to renew your Arkansas medical marijuana card and don’t want to leave the house, we’ve got you covered.
Learn more about Arkansas’s medical marijuana program, or book your appointment today!
