People who use medical marijuana often face a problem. They can use this substance that will supposedly help them treat their illnesses, or they can protect their Second Amendment rights. After all, the courts have ruled that medical marijuana users essentially forfeit their Second Amendment rights by using the controversial treatment.
Protecting those Second Amendment rights requires more than simply passing a medical marijuana law. It needs something that specifically protects the gun rights of medical marijuana patients.
It requires something like the bill that just passed in the Oklahoma Senate.
The full Senate voted unanimously Wednesday to protect the Second Amendment rights of medical marijuana cardholders.
Senate Bill 959, authored by Sen. Nathan Dahm clarifies that anyone authorized to use medical marijuana would also be allowed to have a concealed carry permit.
Even though Oklahoma is a constitutional carry state, some citizens may want a permit if they travel to other states that require them and offer reciprocity.
“Our Second Amendment rights outlined in the United States Constitution are very clear – the right of the people to keep and bear Arms shall not be infringed,” Dahm said. “We cannot discriminate against medical marijuana cardholders because of their personal medicinal decisions. All Oklahomans should have their Second Amendment rights protected, and I’m glad my colleagues agree that we must uphold the Constitution.”
Current Oklahoma law precludes citizens from being eligible for a handgun license if they have any violation relating to illegal drug use or possession.
SB 959 would clarify that this prohibition does not apply for applicants or licensees in possession of a medical marijuana card.
The measure would make it illegal for a person to carry or use a gun while under the influence of medical marijuana.
It’s an important step. Frankly, I don’t even mind that it precludes people carrying or using a weapon while under the influence of medical marijuana, with one important caveat. If someone uses a gun to defend their life on their own property, that should go out the window if it’s an otherwise justified shooting.
Being high and having a day at the range isn’t exactly a recipe for good judgment and we all know that. While people high on pot aren’t usually violent, they are quite frequently stupid. Stupid and guns don’t mix.
But no one should have to die because the law prevents them from acting in self-defense, either.
All in all, though, this measure is a step in the right direction. If you’re going to allow marijuana to be sold, the rights of individuals engaging in such a lawful activity should be protected. Particularly the Second Amendment rights of those individuals.
This is something other states really need to take a good, long look at doing. Otherwise, you face the potentiality of something like what happened in Hawaii not all that long ago. There they demanded anyone with a gun permit and a medical marijuana card turn over their firearms. That should never happen to anyone following state and local laws.
This bill seeks to prevent that, so let’s hope it passes completely and becomes law for the sake of folks in Oklahoma.