Kentucky Gov. Andy Beshear last week called on the federal government to change its policy on gun ownership by medical cannabis patients, saying that his state’s residents should not be forced to choose between accessing essential medical care and exercising their Second Amendment rights.
The Democratic governor made his comments at a January 16 press conference after being asked about a proposal from state lawmakers to ask Kentucky’s congressional delegation to support cannabis patients’ gun rights. Beshear said that while he supports the proposal, he would prefer to see more significant changes in federal cannabis policy, including reclassifying the plant under the nation’s Controlled Substances Act (CSA).
“I think the right way to deal with that is not just to focus on that issue, but to change the schedule of marijuana,” Beshear said at a press conference last week, according to a report from Marijuana Moment. “What we need to change is the overall marijuana policy by the federal government.”
While calling for comprehensive cannabis policy reform at the federal level, Beshear acknowledged that protecting the Second Amendment rights of medical cannabis patients is an important issue. Under federal law, individuals who use Schedule I controlled substances, including cannabis, are barred from purchasing firearms.
When purchasing a gun at licensed dealers, buyers are required to complete federal paperwork that asks about the consumption of controlled substances. Those who indicate that they use cannabis are not permitted to complete the purchase.
“I think that originally this was unintentional, but it does appear that federal law—that we cannot change—restricts the gun rights of those that participate in a state medical marijuana program,” the governor said. “This is just one of a number of different impacts that we see with the federal government not changing, not accepting reality or where the future is, versus the states who are moving into that future.”
“Now listen,” Beshear continued. “Veterans with PTSD, they deserve relief, and they shouldn’t have to forfeit any part of Second Amendment rights or any other rights that they have under Kentucky law or any other state law.”
Legislative Proposal Calls for Congressional Action
The proposal Beshear was asked about is Senate Concurring Resolution 23, which was introduced by Senate Minority Whip David Yates, a Democrat, and Republican Sen. Stephen West. The measure “respectfully urges Kentucky’s congressional delegation to support amending the Gun Control Act of 1968 to allow users of medical cannabis to purchase and possess firearms.”
Noting that a majority of states have legalized the medicinal use of cannabis, the bipartisan resolution maintains that the continuing “conflict between federal firearms restrictions and medical cannabis laws has created confusion, inconsistency, and unnecessary legal risk for individuals who seek to exercise their constitutional right to bear arms.”
“Citizens of the Commonwealth should not be forced to choose between accessing essential medical care and exercising their rights under the Second Amendment,” it says.
The resolution was introduced only weeks after legislation to legalize medical cannabis in Kentucky went into effect at the start of the new year. Adults in the state are now able to possess and use cannabis medicinally, although licensed dispensaries have not yet opened in the state. In his State of the Commonwealth address earlier this month, Beshear said that patients would be able to legally purchase medical cannabis at some time “this year.”
Feds Warn Kentucky Cannabis Patients About Gun Ownership
As Kentucky’s medical cannabis legalization law was set to go into effect, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) warned residents of the state that it is illegal for medical cannabis patients to purchase or possess firearms.
“You cannot possess firearms and ammunition and also be a user of marijuana,” ATF Special Agent AJ Gibes told WDRB in December.
However, Gibes noted that otherwise law-abiding medical cannabis patients are unlikely to face prosecution for owning or possessing firearms.
“We are not actively seeking and working solely on investigations involving just the possession of firearms and marijuana because of our finite resources,” he said.
Cannabis policy reform advocates, however, say that medical cannabis patients should not have to give up their Second Amendment rights.
“We’re a state with a rich history of firearms,” said Matthew Bratcher, executive director of the Kentucky chapter of the National Organization for the Reform of Marijuana Laws (NORML), told WDRB news. “Even if you don’t necessarily hunt, you might have an heirloom firearm in the household. That shouldn’t disqualify someone from being a medical cannabis patient.”
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The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
