Federal law always supersedes state law. This is the case in Arkansas where an amendment to the Arkansas Constitution may have an impact on the Second Amendment rights of some state residents. Doctors will be able to prescribe medical marijuana to patients in Arkansas soon but the drug will remain illegal under federal law, which will be a problem for those who want to purchase firearms.
A form from the ATF asks potential gun buyers if they use or possess marijuana. Arkansas Armory owner, Nathan House said, “If they indicate that they are a user of marijuana then… we will not sell them a firearm. If you lie to a federal firearms licensed dealer, you can be thrown in prison for up to ten years and pay a very hefty fine.”
Scott Morbeck, a gun owner, believes the question is an overreach by the Federal Government into states that have legalized marijuana. “What you do for treatment is between you and your doctor,” Morbeck says, “and not the state, not the government and not anyone else.”
The ATF released an open letter to all firearm dealers in 2011 stating that there will be no exceptions to the background check rules for states that have legalized marijuana for medical or recreational use. House said, “I think most of our customers are shocked and surprised that that is the case.”
The campaign chair for the Arkansas Medical Marijuana Amendment says the issue should be settled by leaders in Washington. A court of appeals recently ruled a Nevada woman with a medical marijuana card was not entitled to purchase a firearm.