With marijuana dispensaries on the way to the state, some Arkansans who own firearms may think twice about applying for a medical marijuana license. Under federal law, it is unlawful for anyone who uses marijuana to possess a firearm (18 U.S.C. 922 (g)(3)). Even though states are passing laws allowing marijuana use for medical and/or recreational purposes, marijuana is still illegal under federal law for any purpose.
Last year, a gun owner in Nevada tried to fight this federal ban, claiming it violated her Second Amendment right to bear arms. The Ninth Circuit Court of Appeals held that the law did not violate any constitutional rights and that marijuana is linked to "irrational or unpredictable behavior."
With the new medical marijuana law in Arkansas, a case similar to the one out of Nevada will likely be filed in our state.
If you own a weapon or a concealed carry license and are worried about how your rights may be affected by the medical marijuana law, call Erin W. Lewis Law today for more information.
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