04/25/2020
Below is information received from ASP in reference to Medical Ma*****na cards...
Instructors, There has been a significant rise in individuals applying for an Arkansas CHCL with medical ma*****na licenses. They are applying as a new applicants and renewal applications are being submitted that have or have had a medical ma*****na card issued to the individual. Currently, individuals that are in possession of a medical ma*****na card or have had a card previously (see timeframe below) are federally prohibited from possessing fi****ms. If an individual has had a medical ma*****na card or currently has a card, advise the individual that they are considered prohibited and their application for the Arkansas Concealed Handgun Carry License will be reviewed with this prohibition in mind. This should be a flag for individuals who would likely apply, but do not necessarily know they are prohibited. If our office reviews an application and they are denied/revoked based on the medical ma*****na card, the individual is still Federal fi****ms prohibited for the timeframe (see timeframe below) and the fees would be considered nonrefundable. Ma*****na is listed in the Controlled Substances Act as a Schedule I controlled substance, and there are no exceptions in Federal law for ma*****na purportedly used for medicinal purposes, even if such use is sanctioned by State law. Per U.S. Department of Justice guidelines dating back to at least 2011, any person who uses ma*****na is an unlawful user of a controlled substance and is prohibited by Federal law from possessing fi****ms. The federal firearm prohibition extends for 365 days from the admission of possession of card, date of expiration, or date the card is surrendered. Title 18 United States Code 922(g)(3), "it shall be unlawful for any...person who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))...to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. If you have any questions concerning CHCL/Code or Rules, Please contact our office by e-mail: [email protected] or by phone (501)618-8000 and ask for the Concealed Handgun Carry License section.
