Understanding Senate Bill 39
Oklahoma medical marijuana business owners, you need to be aware of a new firearm law that is going to be processed by the Senate Bill 39. Hi, I’m Tulsa medical marijuana attorney Katrina Lucas. This law affects people who have medical marijuana licenses that are patients ability to obtain a firearm in the state of Oklahoma. It creates a rule that does not de facto remove their ability to purchase a firearm and it allows them to own and hold on to a firearm while using cannabis.
That is contrary to federal law and contrary to federal gun rights, however, it does clarify that abnormal behavior will be the criminality of owning and operating a firearm or having a firearm on your possession while on cannabis. This abnormal behavior isn’t properly defined. The law, of course, is going to point to case law and other things, so you’re going to look for updates on that. This has passed the Senate and is facing the House. It’s likely to get some changes, so it may take longer than the full executive session to come to law, but this is extremely important for all of our patients.
Implications for Medical Marijuana Patients
Our patients do need to be aware that you can own a firearm. You can’t carry while impaired, that being visibly high, so microdosing or other things may not impose criminality. Federal law still conflicts and you could face federal charges. To protect yourself, avoid carrying while using cannabis unless you know how you are affected and know that you are not going to exhibit any behaviors or any off-putting things. Keep your documentation.
This law also includes mental health issues, so it doesn’t require any mental health diagnosis to be a de facto denial of the firearms, but it does require that mental health issues be formally documented by a doctor, so you could face things with criminality depending on what your doctor’s opinion is on that. Stay informed with us, stay with me, 420.Law attorney Katrina Lucas here at Wirth Law Office, and I’ll give you updates on firearm and its impact with cannabis as this law goes through the House.
Contact us for a Consultation
If you have any questions or concerns about how Senate Bill 39 may impact your medical marijuana business or your rights as a patient, contact us for a low-cost consultation. Call 918-932-2879 to schedule an appointment with Tulsa 420.Law attorney Katrina Lucas today.