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The Second Amendment Preservation Act protects Missouri residents who legally use medical marijuana.
On Saturday, June 12th 2021, Governor Parson signed the Second Amendment Preservation Act into law. The US Department of Justice may be preparing for a battle, but HB 85 is good news for law-abiding gun-owners who qualify for medical marijuana in Missouri.
HB 85 Simplifies Gun Laws for Marijuana Card Holders (Kind Of)
We’ve made attempts at tackling the issue of gun laws and how they affect Missouri marijuana card holders before, but it’s a murky subject even for the experts. The thing is, marijuana is still technically a Schedule I controlled substance Federally, even if it is recognized as a legitimate medicine within the states.
And technically speaking, it’s Federally illegal to even have a gun in the same household where Schedule I substances are present.
But states have been increasingly adopting their own laws related to cannabis, and the use of marijuana for medical purposes is legal in 36 states. The Federal government has chosen to deprioritize marijuana law enforcement within states that have their own laws and programs in place.
This deprioritization, however, does not apply to gun laws specifically, and anyone violating a Federal gun law is still subject to prosecution.
The Feds Rely on Cooperation from the States to Enforce Laws
The thing about Federal law enforcement is that the Federal government relies on cooperation from the states in order to get the job done. It’s not like you purchasing a gun at a gun show—or even lying on a Firearms Transaction Record form—alerts a Federal agent who then comes to your house to arrest you because you have a marijuana card.
The scenario more often goes like this:
State or local law enforcement officer investigates local crime
State or local law enforcement officer finds evidence of Federal crime (in this case, guns and drugs)
State or local law enforcement officer refers situation to Federal officers
Federal officers take it from there
So this means that it’s up to the law enforcement officer to decide whether or not to pursue the issue if it happens that they discover guns and medical marijuana in your possession at the same time.
Until the Second Amendment Preservation Act went into effect in June 2021.
Local Officers Can Now be Fined $50,000 For Enforcing Federal Gun Laws
The Department of Justice has indicated that the state of Missouri may lose some Federal funding for other areas of law enforcement if officials refuse to cooperate with the Feds over gun laws; but Missouri lawmakers have made it clear that state and local officers are not to assist in Federal gun law enforcement. If they do, agencies could be fined $50,000 for each violating officer.
Missouri is moving ahead with this law, and legislators fully expect to fight it in court. With other states like Minnesota and Arkansas also creating their own legislation protecting Second Amendment rights, the Federal Government may have more on its hands than it is prepared to battle and changes to enforcement policy could be in the DOJ’s future.
Forcing Legal Medical Marijuana Users to Choose Between Right to Bear Arms and Right to Natural Relief is Discriminatory
Some people think that the Second Amendment Preservation Act sets a dangerous precedent for Missouri. The Show Me State already has relaxed gun laws, and the third highest gun death rate per capita in the US. Those who oppose the legislation say that state and local officers could become more hesitant to try to enforce any gun laws for fear of enforcing the wrong ones and getting fined.
There are perfectly reasonable concerns, considering how challenging the gun violence issue already is in Missouri and elsewhere in the US. However, medical marijuana users already struggle to get the relief they deserve due to unreasonable stigmas associated with cannabis.
Having a Marijuana Card Provides a Layer of Legal Protection for Gun-Owners in Missouri
HB 85 protects law-abiding gun-owners who shouldn’t have to choose between their right to bear arms and their right to natural relief. Purchasing and possessing marijuana is still illegal in Missouri unless you have a Missouri marijuana card, and this may affect your gun rights within the state due to the fact that you are breaking state laws if you have cannabis but no card.
Get a Missouri marijuana card in order to ensure that you can safely exercise your right to bear arms as well as your right to natural relief! If you have any questions, call us at (877) 303-3117. Missouri Marijuana Card is here six days a week to walk you through the process and get you started with legal medical marijuana as quickly and easily as possible.
Doctors Who Care. Relief You Can Trust.
At Missouri Marijuana Card, our mission is helping everyone achieve wellness safely and conveniently through increased access to medical marijuana. Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care.
Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today!
Check out Missouri Marijuana Card’s Blog to keep up to date on the latest medical marijuana news, tips, and information. Follow us on Facebook, Twitter, and Instagram to join the medical marijuana conversation in Missouri.