As of the start of the new year, medical cannabis is legal for Kentuckians with a prescription for it. However, access to medical cannabis comes with a cost: for those seeking a prescription for this newly legalized substance, a choice will have to be made between it and the ability to own a firearm.
The choice between marijuana and guns comes as a byproduct of the state legalization of marijuana as a medicinal substance while it remains an illegal substance federally. This means when an individual with a prescription for cannabis fills out the firearms transaction record while purchasing a firearm, they must classify themselves as using drugs that are federally illegal. Question 21F on the firearms transaction record asks, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? 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.” Prescription users must check “yes” thus blocking the sell. Checking “no” when one is a user of medical cannabis is a federal offense.
Last year, Kentucky lawmakers introduced a resolution to the state Senate that would urge the United States Congress to repeal the restriction on marijuana users making gun purchases that was created in 1968 as part of the Gun Control Act.
In a statement about this disconnect between state law and federal law, Kentucky Sen. Max Wise said, “I believe Kentucky is acutely aware of the long-existing conflict between state laws permitting medical cannabis use and the federal government’s classification of marijuana as a Schedule I controlled substance. This federal designation, which categorizes marijuana alongside other substances deemed to have a ‘high potential for abuse and no accepted medical use,’ remains unchanged despite years of discussion among federal lawmakers and presidents. Under current federal law, Kentuckians will have to acknowledge their medical cannabis use on firearm transaction records, which will affect their ability to purchase a firearm. The U.S. Bureau of Alcohol, Tobacco and Firearms has stated that while marijuana-related charges are not actively enforced, they may arise during investigations of other crimes.”
In his advice to Kentuckians weighing the pros and cons of a medical cannabis prescription, Sen. Wise stated, “Given these legal complexities, I would encourage Kentuckians seeking medical cannabis to weigh these considerations carefully. I would also encourage the executive branch and the Governor, who the legislature has designated with the authority to roll out the rules and regulations of medical cannabis in Kentucky, to prioritize the public’s awareness of this state-federal conflict.”
Late last year, both the City of Columbia and the Adair County Fiscal Court voted against the ability for cannabis dispensaries to open within their respective borders. However, other surrounding areas have opted into the legalization program. When the Russell County Fiscal Court barred dispensaries, Jamestown’s city council voted in favor of medical cannabis operations within the city. When the licensing lottery happened in November, JM Medicinals LLC was awarded a license to open in Russell Springs. Adair Countians with a prescription for medical marijuana can travel to another county to get the drug. This will still, of course, come at the cost of the ability to purchase firearms.
By Kenley Godby
kenley@adairvoice.com
