Oklahoma lawmakers have taken a bold step toward shielding medical marijuana patients from gun restrictions, despite federal law still prohibiting cannabis users from owning firearms. The state’s Senate Committee on Public Safety unanimously approved a bill that ensures state-issued handgun licenses cannot be denied solely due to medical marijuana patient status.
Bill Advances with Strong Support
The bill, SB 39, introduced by Sen. Julie Daniels (R), passed with a unanimous 6-0 vote in the committee. If enacted, the legislation would prevent the Oklahoma State Bureau of Investigation (OSBI) from denying a handgun license simply because an applicant holds a medical marijuana card.
Daniels emphasized that courts across the U.S. have increasingly ruled in favor of protecting the Second Amendment rights of cannabis users. “The courts have all come down on the side that someone should not be denied a firearm license or be prosecuted for possession of a firearm solely because they use marijuana,” she told lawmakers.
The proposed law explicitly states that a medical marijuana license alone does not make an applicant ineligible for a handgun permit. It also provides an exemption from disqualification based on drug-related violations, as long as the individual is legally registered as a patient.
Federal Law Still Bans Cannabis Users from Gun Ownership
Despite Oklahoma’s effort to uphold gun rights for medical marijuana patients, federal law remains unchanged. Under the U.S. Code 922(g)(3), anyone classified as an “unlawful user” of a controlled substance—including marijuana, which remains illegal at the federal level—is prohibited from buying or possessing firearms.
Federal agencies have long argued that marijuana use, even for medical purposes, disqualifies individuals from gun ownership due to concerns over impairment and public safety. However, recent legal challenges have cast doubt on the broad application of this restriction.
Earlier this month, the U.S. Court of Appeals for the Eighth Circuit ruled that the government cannot categorically ban drug users from owning firearms. The court found that while some drug users may pose a public safety risk, a blanket prohibition is not justified under the Second Amendment.
Restrictions on Firearm Use While Under the Influence
Even with the bill’s protections, Oklahoma lawmakers made it clear that medical marijuana patients must still follow responsible gun ownership rules.
- Carrying or using a firearm while under the influence of marijuana remains illegal.
- The bill specifies that impairment leading to “abnormal behavior” would disqualify a person from possessing or using a firearm at that moment.
- Law enforcement will continue to assess individuals for impairment in situations involving firearms.
This means that while medical marijuana patients can legally obtain a handgun license, they must exercise caution and avoid handling firearms while actively using cannabis.
OSBI Will Enforce the New Rules if Passed
The Oklahoma State Bureau of Investigation has signaled its willingness to comply with the legislation if it becomes law.
“We respect the right of Oklahomans to legally have firearms,” OSBI said in a statement to KOCO News 5. “We will work with new laws passed by the legislature.”
The agency currently processes handgun license applications under the Oklahoma Self-Defense Act. If SB 39 is enacted, OSBI will be required to disregard medical marijuana status when evaluating eligibility.
Broader Legal Implications
The Oklahoma bill reflects a growing debate over gun rights and marijuana use, a conflict that has gained traction in multiple states. With medical marijuana legalized in 38 states and recreational use permitted in 24, courts are increasingly being asked to weigh in on whether cannabis users can be stripped of their Second Amendment rights.
Legal experts suggest that the recent Eighth Circuit ruling could influence future challenges to federal firearm restrictions. Some believe that the U.S. Supreme Court may eventually be forced to clarify the constitutionality of laws prohibiting marijuana users from owning guns.
For now, Oklahoma lawmakers are taking action at the state level, ensuring that medical marijuana patients are not automatically disqualified from legally carrying a firearm. Whether federal law will catch up remains an open question.
