U.S.A. — The state of Arkansas has created a law to protect the ability of medical marijuana users in the state to obtain a concealed carry handgun license. HB1784 was introduced on March 29, 2023. On April 4th, 2023, the House voted for bill HB1784, 82 to 5, with 8 not voting and 5 not present. On April 7, 2023, the Senate voted for the bill HB1784, 26 to 3, with two not voting and two not present. HB1724 was signed by Governor Sarah Huckabee Sanders (R) into law on April 12, 2023. Here are relevant excerpts. From the Arkansas State Legislature:
(B) The director shall not consider a person’s status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, § 2, in determining whether an applicant is eligible to be issued a license to carry a concealed handgun under this subchapter….
(C) An applicant shall not be considered to chronically or 13habitually abuse a controlled substance based solely on the applicant’s 14status as a qualifying patient or designated caregiver under the Arkansas 15Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98.
This part of the statute prohibits the Arkansas Department of Health from disclosing the status of a person as a marijuana user in a criminal history check or other background checks which will be used in consideration of the issuance of a concealed carry handgun license.
20-56-308. Firearm rights protections.
(a) The General Assembly finds that under Arkansas Constitution, Amendment 98, § 5(f), a person’s status as a qualifying patient or designated caregiver is confidential.
(b) The Department of Health shall not disclose the identity of a person who has been issued a registry identification card to the Division of the Arkansas State Police for the purpose of facilitating a criminal history record check or any other background check related to the issuance of a license to carry a concealed handgun under § 5-73-301 et seq.
(c) The Director of the Division of Arkansas State Police shall not consider a person’s status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, § 2, in determining whether an applicant or licensee is eligible to be issued a license to carry a concealed handgun under § 5-73-301 et seq.
The Arkansas law takes effect on August 1, 2023.
Arkansas is a Constitutional Carry state. No permit is needed to carry a loaded handgun, openly or concealed. The permit is useful to carry in other states which recognize the Arkansas permit.
On the federal level, U.S. District Court Judge Patrick R. Wyrick found the prohibition on Marijuana users from purchasing and owning firearms in federal law to be unconstitutional. The case is in the Western District of Oklahoma in the Tenth Circuit Court of Appeals. The United States Attorney has filed an appeal to the Tenth Circuit Court of Appeals.
A bill, H.R.2772, the GRAM Act, has been filed in Congress to remove marijuana from the list of substances whose use disqualifies a person from being able to legally purchase a firearm or to possess one. The act does not appear to have much support at present.
Such disqualifiers are recent additions to federal law. They do not have historical precedents. In time, I expect they will be found to be unconstitutional by the Supreme Court.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
