The laws concerning medical marijuana and firearms in Oregon create a problem for medical marijuana patients who want to purchase and possess a firearm for hunting, self-protection, or target shooting.
Oregon’s Medical Marijuana Law is Silent on Firearms
As of the end of 2016, 28 states plus the District of Columbia have medical marijuana laws. At the end of 2016, eight states have legalized recreational marijuana altogether (Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon and Washington). Oregon’s Medical Marijuana Laws don’t actually prohibit the purchase or possession of firearms by OMMP patients or card holders. It’s the conflict between Federal law and State law that creates the problem.
Federal Laws vs. Oregon Marijuana Laws
In Oregon, both medical marijuana and recreational marijuana have been legalized. However, marijuana remains a Schedule I controlled substance under Federal law, and cannot be bought, sold, or possessed by anyone. When anyone attempts to purchase a firearm in Oregon, they must complete a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473. On that form, the purchaser of a firearm is required to answer the question, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” Anyone using cannabis for any reason (medical or recreational) would have to answer this question, “Yes,” because marijuana use is not allowed for any reason under Federal law. Therefore, an OMMP cardholder attempting to purchase a firearm would almost certainly be denied in their attempt to purchase a firearm.
In August of 2016, the 9th U.S. Circuit Court of Appeals ruled that a federal ban on the sale of guns to medical marijuana card holders does not violate the Second Amendment. The ruling by applies to the nine Western states that fall under the court’s jurisdiction, including California, Washington and Oregon. The suit was filed by a Nevada woman who tried to buy a firearm for self-defense after lawfully obtaining a medical marijuana card. The gun store refused to sell her the firearm, claiming sale of firearms to illegal drug users– including users of marijuana. The woman in the suit claimed she wasn’t even a marijuana user, but rather obtained the card as an expression of her support for marijuana legalization. In the Court’s ruling, they stated it was reasonable for the government to assume that people with medical marijuana cards are more likely to use marijuana, which is illegal under Federal law. You can read the entire ruling here: Wilson v. Lunch (2016).
Possession of a Firearm by OMMP Cardholder
Oregon law does not prohibit possession of firearms by persons with OMMP cards. However, possession of marijuana and a firearm combined could violate Federal law. It could also be a crime in Oregon or an aggravating sentencing factor if the firearm was used in a commercial drug offense or other crime.
Oregon Medical Marijuana and Concealed Handgun Licenses
The Oregon Supreme Court ruled in 2011 that Oregon sheriffs cannot deny concealed handgun licenses (aka “carry permits) to Oregon medical marijuana cardholders strictly on the basis that they use pot or marijuana.