That’s because even the most perfect, rule-following marijuana patient is technically still a scofflaw in the eyes of the federal government, which oversees many aspects of gun sales and possession across the nation.
And since one of the questions on the document is whether the would-be buyer uses drugs that are illicit under federal law, cannabis patients have to answer yes — or lie and commit a crime.
And people who admit on the form to using marijuana, even through the state-sanctioned program, are disqualified from buying the firearm, according to Capt.
Cannabis patients can easily bypass this problem by buying privately, and avoiding the requirement for completing this federal form, says Connor Boyack, a libertarian advocate and central figure in shaping Utah’s cannabis law.
Boyack’s suggestion is concerning to Terri Gilfillan of the Gun Violence Prevention Center of Utah.
The state’s concealed-firearm permit aligns with federal requirements for gun ownership, similar to the ones that would prevent a patient from buying a weapon through a licensed dealer, Willmore said.
At the same time, Willmore said, his agency doesn’t actively search through the state’s cannabis patient registry and generally wouldn’t know if one of these marijuana users also has a permit.
But restrictions on these approvals have recently become much less vexing to advocates now that state lawmakers have legalized so-called constitutional carry, meaning that most Utahns can put a firearm under their jacket and head out of the house whether or not they have a permit.
The permit still has its advantages, Boyack said, since it’s recognized by many states that do still mandate such documents.
THC can be detected in someone’s system days after the person uses marijuana, long after the high has worn off — and he worries that means he’s effectively barred from ever carrying a firearm if he continues to use cannabis.
So just to be on the safe side, Hawkins says he’s chosen not to leave home with his firearm.
Cannabis plants are grown in the nursery clone room using a deep water culture system at Tryke, a company in Tooele County on Thursday, Jan.
A tiny mistake in obeying the state’s cannabis laws could put someone into the “restricted person” category, potentially exposing them to felony charges just for having a firearm, he said.
Lauritzen notes that federal law enforcement has largely adopted a hands-off approach to state cannabis programs and is unlikely to devote its resources to cracking down on patients who are following Utah rules.