Oklahoma is proving itself to be one of the most solid 2nd Amendment states. This year, legislators are redoubling their efforts to ensure that the gun rights of medical marijuana cardholders will not be infringed upon.
Let’s talk all about the approval of SB 39 and how it (positively) affects gun owners and medical patients in Oklahoma.
Federal Law and Medical Marijuana
Under federal law, marijuana is classified as a Schedule I controlled substance according to the Controlled Substances Act (CSA).
This classification means that marijuana is considered to have a high potential for abuse and no accepted medical use.
Consequently, the federal government prohibits the possession, use, and distribution of marijuana, even for medical purposes.
The CSA also bans the manufacture, distribution, and possession of marijuana with the intent to distribute.
Despite the increasing number of states that have passed legislation authorizing marijuana for medical use, federal law remains unchanged.
The federal government has not recognized the medical benefits of marijuana and continues to enforce its laws prohibiting its use and possession. This creates a significant legal conflict for medical marijuana patients who must navigate both state and federal laws
SB39: Senate Unanimously Passes Bill to Protect Medical Marijuana Users' Gun Rights
As of February 2025, the Senate Committee on Public Safety unanimously passed SB 39, which ensures that medical marijuana patient status alone won’t disqualify applicants from obtaining state handgun licenses.
This bill clarifies that the Oklahoma State Bureau of Investigation cannot deny handgun licenses solely based on medical marijuana use.
Supporters argue that courts are increasingly ruling against barring firearm ownership due to cannabis use. However, using a firearm while under the influence of marijuana remains illegal.
The Oklahoma State Bureau of Investigations has pledged to comply if the bill becomes law.
Meanwhile, federal courts are questioning the legality of the federal gun ban on cannabis users. Recent rulings have challenged the broad application of the restriction, creating a complex legal landscape for gun owners and medical marijuana patients alike.
Oklahoma State Laws and Gun Ownership
In Oklahoma, medical marijuana is legal for individuals with qualifying medical conditions. However, the intersection of state laws regarding medical marijuana use and gun ownership can be complex and sometimes contradictory.
Under Oklahoma state law, medical marijuana patients are not automatically prohibited from owning firearms.
The state has taken steps to ensure that medical marijuana cardholders retain their right to bear arms.
However, federal law still applies, and under federal law, medical marijuana users are considered “unlawful users” of a controlled substance. This classification means that they are prohibited from possessing firearms under the Federal Gun Control Act.
In 2019, the Oklahoma Court of Criminal Appeals ruled that the state’s medical marijuana law does not prevent individuals from owning firearms. However, the court also acknowledged that federal law might still apply, and medical marijuana patients could face federal prosecution for possessing firearms.
If You Own a Gun in Oklahoma Under Federal Law…
Thanks to this new bill, if you’re already a gun owner, state law will not require you to give up your firearm under the proposed legislation (SB 39). The bill ensures that being a medical marijuana patient does not automatically disqualify you from obtaining or renewing a state handgun license.
However, federal law remains unchanged: under 18 U.S.C. § 922(g)(3), anyone who is an “unlawful user” of a controlled substance (which includes marijuana, despite state legality) is prohibited from possessing firearms.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) considers MMJ patients to be unlawful users, meaning federally, owning a firearm while using medical marijuana is still illegal.
In practical terms:
Oklahoma will not revoke your gun rights for having an MMJ card.
Federally, you could still face legal risks if caught with both an MMJ card and a firearm, as marijuana is classified as a Schedule I drug under federal controlled substances laws.
Background checks for new firearm purchases could flag your MMJ status, leading to denial.
This legal gray area remains controversial, with recent federal court rulings challenging the restriction. However, unless federal law changes, MMJ patients in Oklahoma still face potential risks regarding firearm ownership.
If You Want to Purchase a Firearm…
For all the protective laws that the state is enacting, the remaining elephant in the room is that question on the Firearms Transaction Record form 4473.
Question 21(e) asks prospective gun purchasers if they are “an unlawful user of, or addicted to, marijuana” and other drugs.
You may think you can answer “No” because marijuana is legal in your state. But this statement immediately follows in bold:
“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.”
This means that because it is illegal federally and this is a federal form, everyone is an unlawful user according to federal law. This contradiction arises from the conflict between state laws that legalize marijuana and federal marijuana laws that classify it as an illegal substance.
So what happens if you answer honestly? The FFL is not supposed to sell you a gun.
Does that mean they won’t? It depends.
The Nitty-Gritties
An FFL simply files this paperwork and has to keep it on hand for 20 years (after that they hand it over to the ATF) in case the ATF should ever request the transaction information.
That means your paperwork is not submitted to the federal government, but that the dealer has to keep it on hand for any federal inquiries.
When the FFL runs your background check through the National Instant Criminal Background Check System (NICS), they will not be able to tell if you are an MMJ cardholder.
The Oklahoma MMJ patient database is not shared with the NICS.
So, while federal law enforcement will not be checking your answer to this question when you apply (it’s likely they never will), however, you answer, that either you or the FFL dealer are committing a crime if you are an MMJ cardholder.
If you lie, it’s a federal crime of perjury. This is because the federal Controlled Substances Act classifies marijuana as a Schedule I drug, making its use illegal under federal law. If you tell the truth and the dealer sells to you anyway, they could lose their license or worse.
We can all see the ways around this. In the case of an MMJ cardholder purchasing from an FFL, someone is going to need to lie — either the purchaser or the dealer.
We are, of course, in no way suggesting any of these options. We just think it’s important to know that the federal government still has this one little claw in Oklahoma MMJ cardholders.
Penalties and Consequences
Violating federal and state laws regarding medical marijuana use and gun ownership can lead to severe penalties. Under federal law, individuals convicted of possessing firearms while using medical marijuana may face up to 10 years in prison and fines up to $250,000.
In addition to federal penalties, there are also state-level consequences for violating laws related to medical marijuana use and gun ownership.
These can include fines, imprisonment, and the loss of gun ownership rights.
Medical marijuana patients must understand the potential legal risks and penalties associated with possessing firearms while using a federally controlled substance.
The Bottom Line
To recap:
If you have medical marijuana cards, federally you are considered an unlawful user of marijuana and cannot legally purchase a firearm from a licensed dealer.
If you purchase a gun through a private sale, it may bypass a federal background check, but possession is still technically illegal under federal law.
Oklahoma state law will not penalize you, but federal authorities could.
Recent court rulings have challenged the federal restriction, but until federal law changes, buying a firearm as an MMJ patient remains legally risky.
Get Your OK MMJ Card & Keep Your Gun Rights!
Local and state police are not going to come after you for purchasing a gun based on your MMJ cardholder status alone.
And the ATF is not wasting resources on policing such matters. However, if you are ever federally investigated, it could still be punishable under federal law.
At the end of the day, Elevate Holistics believes that everyone deserves access to the plant-based healing they deserve. And this includes gun owners, too.
Getting your hands on a medical card can grant you relief in so many different ways. Get legal today by scheduling an appointment using the button below.
