PADUCAH — With medical cannabis legalized in the state of Kentucky, many are reacting to the differences in federal law and state law, which leave those who are seeking a medical marijuana card to choose between the drug’s medicinal value and the ability to own or purchase a firearm.

In a letter to federal firearms licensees, the Bureau of Alcohol, Tobacco, Firearms and Explosives explains that it is illegal for “any person who is an ‘unlawful user of or addicted to any controlled substance…’ from shipping, transporting, receiving or possessing firearms or ammunition.” 

Federally, marijuana is listed as a Schedule I controlled substance, even when it is used for medicinal purposes. 

Kentucky joins many other states in the U.S. in legalizing medical marijuana. 

Executive Director Matthew Bratcher with Kentucky NORML, which is a marijuana law reform organization, said he is glad to see the progress that Kentucky has made regarding marijuana legalization, and hopes that the country will continue to change the laws regarding marijuana.

Hundreds took to Facebook to express their opinions on the subject. On a WPSD Local 6 Facebook post regarding the law, Terry Dedmon wrote, “But you can consume alcohol which impairs you even more to the point where you can’t walk, but you can still own guns. Makes 0 sense.” Edna Brown wrote, “Speak to the lawmakers that keep getting elected and make them advocate to change the laws.” Gena Scott wrote, “It’s our Constitutional right to own guns. We shouldn’t have to give up our rights to have the rights to legal medication. This is unconstitutional in my opinion.”

Gun buyers are likely to encounter the issue when they fill out the Firearms Transaction Record, which the Bureau of Alcohol, Tobacco, Firearms and Explosives uses to track the sale and transfer of firearms. On the form, there is a question that asks if the person is an “unlawful” user of marijuana or other controlled substances.

Marijuana is still illegal at the federal level, even if it is legal at state level. 

Bratcher said in the past, the law has not been strictly enforced in other states. He believes it is unlikely that the law will be a concern to firearm owners who get their medical cannabis license. 

“A western district of Oklahoma federal court ruled that banning gun ownership for medical cannabis patients was unconstitutional. Texas has also recently had a court case that in their federal district that also went very similar, so we’re seeing these court cases now using a different judicial standard when looking at Second Amendment rights,” said Bratcher. 

Bratcher hopes the number of medical marijuana qualifying conditions will increase, which would make hundreds of thousands of people eligible.

“I think… a medical cannabis program is to ensure that we’ve got a very robust patient list out there and people are using it,” said Bratcher. 

Bratcher added that there are options for those who are concerned about the law. 

“You can sell your guns — but a lot of gun owners won’t want to do that, right? So, you’ve got to have other options. You can speak with an attorney who specializes in firearms law to help you kind of navigate some of this. You could transfer your weapons to someone else in your family for the time being while you are on the medical cannabis program,” said Bratcher.