Though many Oklahoma residents may be celebrating the passage of medical marijuana this summer, another issue could quickly become a deal-breaker — the right to bear arms.

Though many Oklahoma residents may be celebrating the passage of medical marijuana this summer, another issue could quickly become a deal-breaker — the right to bear arms.

Despite the fact that Oklahoma has approved the use of marijuana as a medical option, one distinct conflict is at odds between Federal and Oklahoma laws — the ability to possess firearms or ammunition while using controlled substances. The Federal government does not recognize marijuana as a medicine; it views it only as a controlled substance with great potential for misuse.

Controlled substances and firearms are not to be mixed, according to Federal regulations and drug enforcement laws.

The 1993 Brady Handgun Violence Prevention Act (or Brady Bill) amended the Gun Control Act of 1968 to reference provisions of the Controlled Substances Act, mandating federal background checks on firearm purchasers in the U.S.

According to the DEA, at, drugs, substances and chemicals used to make drugs fall into five categories; they are listed as Schedule 1 through 5, with 5 being the least potential for abuse.

Schedule 1 drugs are defined as drugs with no currently accepted medical use and with a high potential for abuse and the potential to create severe psychological and/or physical dependence. Some examples of Schedule 1 drugs are heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.

Since marijuana is considered by the Federal government to be a controlled substance, gun and ammo possession is an automatic no-go.

Public Information Officer Jordan Solorzano of the Oklahoma State Bureau of Investigation said the decision to allow the sale, transfer or possession of a firearm to individuals with Marijuana Patient Licenses falls to the federal government.

“According to a 2011 Open Letter to All Federal Firearms Licensees written by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), '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',” he said.

Oklahoma Self-Defense Act (SDA) applicants must be able to possess a pistol pursuant to federal law to be approved for a (gun) license.

“OSBI is modifying the SDA application to notify applicants to self-report if they have been issued a Medical Marijuana Patient License,” Solorzano said. “OSBI has requested additional guidance from the Oklahoma Attorney General on how this matter should be handled.”

He said individuals who answer yes to question 44 on the SDA application regarding current or previous treatment by a licensed physician for a mental health illness, condition or disorder are sent a form to be completed by their doctor who can certify their eligibility.

To be a candidate for gun ownership, the Substance Abuse Treatment Certification form requires a doctor's certification that the applicant has been free from substance use for 12 months or more, otherwise three years from the last date of treatment will be used.

Solorzano said the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recommends those who may consider obtaining a marijuana card to contact legal counsel or the agency for guidance on how to legally transfer, sell or dispose of firearms.

Watch for updates.