HOPKINSVILLE, KY (CHRISTIAN COUNTY NOW) – Medical marijuana is now legal in the state of Kentucky as of Jan. 1. While those in Christian County who qualify and apply for a medical marijuana cards can now receive prescriptions for various chronic ailments, they will also have to surrender their ability to purchase and own firearms.
In 2011, the Bureau of Alcohol, Tobacco, Firearms, and Explosives sent a notice to licensed gun dealers prohibiting them from selling firearms to medical marijuana cardholders across the country, according to the Kentucky State Cannabis website.
“Any person who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance and is prohibited by federal law from possessing firearms or ammunition,” says the open letter from ATF.
Roadblocks for gun owners
Hopkinsville Police Chief Jason Newby told Christian County Now their agency has not been directly involved in discussions about gun ownership and medical marijuana. “We still have not received any specific information of how those circumstances are going to be handled,” said Newby. “There’s a ton of unanswered questions.”
On the Firearms Transaction Record form that is supplied by the ATF during the purchase of a gun, the following question is asked, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”
The above verbiage prevents people with a medical marijuana card from legally purchasing a firearm. Providing wrong information on the form may result in federal imprisonment or a high fine. Similar phrasing is found on the Kentucky State Police application for a concealed carry license.
Newby said Kentucky State Police has also not received further instruction, and he has been in contact with a local prosecutor for guidance about legality specifics and actions taken. No definitive conclusions have been reached at this point, and the department is relying on national guidance from the ATF.
When can you get medical marijuana?
Although it is now legal, medical marijuana prescriptions will not be fulfilled in Christian County or other counties until a dispensary, cultivators, and processors are established. Christian County’s only dispensary will be located in Oak Grove. Mallard Club LLC was the winner for this category when the lottery was held in November. Four dispensary licenses were permitted per region, with a limit of one per county. Christian County’s region had seven other eligible counties.
Cultivators and processors were selected during a lottery in October where three awardees were selected in Christian County. Tier I cultivator licenses were awarded to Wong Investments and Joseph Serock and Jill’s Dispensary received a processor license.
Details about the exact location of the dispensary or an estimated timeline has not been made available at this time. Attempts to locate owners has been made by Christian County Now.
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