Legalization of medical and recreational marijuana have been spreading across the states, leading to increased struggles between state and federal legislation. But what does this mean for responsible gun owners? U.S. LawShield Independent Program Attorney, Robert Robles, breaks down the latest in Oklahoma laws for marijuana use in regards to possessing and owning a firearm.
Mandatory preclusions? What are those? Those are different regulations set out by the OSBI, Oklahoma State Bureau of Investigation, concerning the concealed carry permit application process and who is eligible to receive a concealed carry permit. Marijuana users are automatically denied a concealed carry permit. According to the OSBI, any marijuana user would be ineligible to possess a pistol in the State of Oklahoma under federal law.
Marijuana is classified as a Schedule 1 drug, thus rendering people who have firearms ineligible to possess firearms and ammunition. OSBI has stated that it will deny any applicant that says they use marijuana on the application form. However, if you lie on your application about using marijuana or having a medical marijuana card and the OSBI finds out, they could bring charges against you for perjury.
If you have your concealed carry permit and opt to have a medical marijuana card, if the OSBI finds out about it they will revoke your concealed carry permit. If you have the medical marijuana card or obtain it after you receive your concealed carry license, you are expected by OSBI to voluntarily turn your concealed carry permit back to the state.
There are forms to do so on the OSBI website. There is no mechanism for the Health Department to contact OSBI and tell them that you have a medical marijuana card.