LEXINGTON, Ky. (WKYT) – As Kentucky prepares to implement the new medical cannabis law, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives is warning residents that if they register for the medical marijuana program, they are legally not allowed to own or buy guns.
“They definitely need to be aware of the risks. If you lie on the form, it’s federal perjury. If you get caught with it, it could be time in jail up to 10 years,” said Matthew Bratcher with Kentucky Norml.
Matthew Bratcher said the federal statute has been challenged in different states over the years. Most recently, US District Courts in Oklahoma and Texas have both ruled the federal law unconstitutional, but neither case has made it to the Supreme Court.
So, for the time being, he said there are a couple of things you can do.
“Talk to an attorney who specializes in firearms law who can help lay a path down. There might be an option to transfer the ownership of those weapons for some time, to someone else who can hold them,” Bratcher said.
According to a statement from the ATF, they said any person who uses marijuana, regardless of whether his or her State has passed legislation legalizing it for medical purposes, is an unlawful user of a controlled substance. And is prohibited from possessing firearms or ammunition under federal law.
“To push for change, we need to let our federal representatives in Washington know that this is how we feel. Reach out to your state rep, your senator, let them know this is something we want to see done.”
Bratcher says gun dealers could also be charged for knowingly selling firearms to medical marijuana cardholders and users.
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