Starting Jan. 1, Kentuckians will have to choose between medical marijuana or firearms

LOUISVILLE, Ky. (WDRB) -- Starting Jan. 1, some Kentuckians will be forced to decide between their health and their right to bear arms.

As of the new year, medical marijuana will be legal in Kentucky. However, it remains illegal under federal law, creating a conflict that may put some Kentuckians in a difficult position.

If you want to buy a gun, the process begins with ATF Form 4473. But come Jan. 1, filling out that form may be more complicated for some.

One of questions reads "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."

If you check yes, licensed sellers cannot legally sell you a gun.

"You cannot possess firearms and ammunition and also be a user of marijuana," ATF Special Agent AJ Gibes said Wednesday.

And the law doesn't only apply to new gun purchases. Current gun owners who obtain medical marijuana cards will also face a tough decision.

"They're not expected to, but if they wish to follow federal law and not be in violation of it, then they need to make the decision to divest themselves of those firearms," Gibes said when asked if medical marijuana card owners are expected to give up their guns

Violators of the federal law could face prison time and a fine of up to $250,000. However, Gibes said charges are likely to only be pursued in connection with another felony.

"We are not actively seeking and working solely on investigations involving just the possession of firearms and marijuana because of our finite resources," he said.

Still, for Kentuckians who wish to follow the law, this will be a decision they’ll have to make until marijuana is legalized federally or an exemption is added to federal gun laws.

"I think the federal government, in the near future, needs to figure out how the Second Amendment and marijuana are going to coexist," said Ryan Crider, owner of Axolotl Arms in Louisville. "Because it already is coexisting and it's just going to be more prevalent in the near future."

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