Legalized marijuana use may jeopardize firearm rights

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Arkansans may not realize the vote to legalize marijuana for prescription purposes potentially jeopardizes their right to possess and purchase firearms and ammunition. In October of 2016, the 9th U.S. Circuit Court of Appeals ruled a federal ban on the sale of guns to medical marijuana card holders doesn’t violate the Second Amendment.

Local Senator Missy Irvin says it’s important for Arkansas residents to understand the law enforced by the Federal Bureau of Alcohol, Tobacco and Firearms.


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The 2011 letter Irvin references cautions there are no exceptions in federal law for marijuana for medicinal purposes, even if sanctioned by state law. It further notes federal law prohibits any person who is an “unlawful user of or addicted to any controlled substance…from shipping,transporting, receiving or possessing firearms or ammunition.”

Irvin says there is also an inconsistency within Arkansas regarding conceal carry.


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Irvin says she and other lawmakers are concerned with how the passage of medical marijuana will conflict with other laws.


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Irvin says additional concerns surround the potential for fraudulent prescriptions.

She says these concerns are going to be a large undertaking for Alcohol Beverage Control and a potential problem for law enforcement, including driving under the influence of marijuana.

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