Enforcement of federal laws surrounding whether medical marijuana patients can carry firearms in Missouri is no longer under the purview of state agencies now that Gov. Michael Parson has signed the Second Amendment Preservation Act into law.
“When it comes to marijuana laws or other types of gun control laws, the federal government still has the authority obviously to enforce their own laws here in Missouri but state agencies, anybody who's paid by the state of Missouri and Missouri taxpayers, would not be enforcing that," said Aaron Dorr, political director of the Missouri Firearms Coalition.
Also known as House Bill 85, the Second Amendment Preservation Act was introduced by Rep. Jered Taylor (R-Republic) earlier this year and prevents local law enforcement agencies from enforcing federal gun laws. Taylor is also chairman of the House Oversight Committee.
“State agencies may not pursue a medical marijuana patient in Missouri who carries a firearm but it doesn't prevent federal agents from doing so and that's the same thing when it comes to firearms,” Dorr told the St. Louis Record.
HB 85 was signed by Gov. Parson at Lee’s Summit where there was a ceremony on Saturday, according to media reports.
Although sales of medical marijuana surpassed $50 million in Missouri just last month, the federal government has yet to legalize marijuana use.
“This is an area where gun owners have to be very careful in deciding on what they wish to do because under current federal law, it’s still a crime to possess a firearm if you possess marijuana or other types of narcotics,” Dorr said in an interview.
For Missourians who are medical marijuana patients, the term ‘law-abiding,’ in Section 1.480.1 of the Second Amendment Preservation Act is of particular significance when it comes to guns. HB 85 states that a law-abiding citizen is someone who is not otherwise precluded under state law from possessing a firearm.
“Anybody who is precluded under current law to own a firearm remains precluded if it's under a Missouri statute,” Dorr said. “We've not thrown off all regulations. If Missouri law says you cannot own a firearm because of your background or because of all the different criteria, then you can’t own a firearm. It clarifies that Missouri law is enforced in Missouri.”
Up until now, many gun-toting Missourians who could benefit from medical marijuana may have been leery about pursuing a medical marijuana patient card out of fear, according to media reports.
Rep. Nick Schroer (R-O’Fallon) said he would introduce legislation if there is an interference for people with firearms who want to obtain a medical marijuana card.
“From the language I cosponsored and we as a legislative body passed, the Second Amendment Preservation Act absolutely protects the Second Amendment rights of medical marijuana cardholders,” Schroer (R-O’Fallon) told Missouri Greenway Magazine. “While our judicial system has yet to provide guidance, I am hopeful they uphold the protections within the legislation shielding the rights of those legally prescribed medical marijuana. If the courts erase said protections, you can guarantee I will be filing legislation, just as I have for the past several years, to provide further insulation for Missourians to have their tools of protection and healthcare needs.”