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Marijuana and Gun Rights in Arkansas: New DOJ Rule Could Help Some Users Restore Firearm Rights

  • Isabella Romo
  • Aug 28
  • 6 min read

Updated: 3 days ago

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Can you have an Arkansas medical marijuana card and own a gun?


For years, that question has been complicated by the difference between Arkansas marijuana laws and federal firearm laws.


Arkansas has an established medical marijuana program that allows qualified, registered patients to legally purchase medical cannabis. Federal law, however, has historically treated marijuana differently, creating potential firearm restrictions even when a patient's cannabis use complies with state law.


Now, the federal government is changing how some of those cases are handled. On August 17, 2026, the U.S. Department of Justice announced a new Federal Firearm Rights Restoration program. The program gives certain people prohibited from possessing firearms under federal law an opportunity to apply for restoration of their rights.


For marijuana users, one provision stands out: under an important section of the new rule, marijuana-only use does not create the same presumptive disqualification that can apply to unlawful use of other controlled substances.


For Arkansas medical marijuana patients concerned about gun rights, here's what that actually means.


Arkansas Medical Marijuana Is Legal, but Federal Law Still Matters

Arkansas voters approved medical marijuana in 2016, creating a regulated system for qualifying patients.


Today, patients who meet Arkansas's requirements can obtain a medical marijuana card and purchase approved cannabis products from licensed dispensaries. But marijuana's legality under Arkansas law has never completely resolved the federal firearm issue.


Federal law has prohibited certain people considered unlawful users of controlled substances from possessing firearms. This created a conflict because marijuana could be legal for a patient under Arkansas law while remaining restricted at the federal level.


As medical marijuana programs expanded across the country, that conflict became increasingly controversial.


The Supreme Court's 2026 Marijuana and Firearm Decision

The legal landscape changed significantly in 2026.


In United States v. Hemani, the U.S. Supreme Court considered the federal government's ability to restrict firearm possession based on an individual's marijuana use.


The Court's June 2026 ruling limited the government's ability to automatically apply the federal prohibition based simply on regular marijuana use under the circumstances presented in the case.


The decision was important, but narrow. It did not rule that every marijuana user can legally own a firearm, nor did it erase all federal firearm restrictions involving controlled substances.


Instead, it changed how these restrictions can be applied and helped shape the federal government's new approach to firearm-rights restoration.


DOJ Establishes a New Firearm Rights Restoration Process

The Department of Justice has now established a formal process allowing eligible individuals with federal firearm disabilities to request restoration of their rights.


Applications are reviewed individually.


The Attorney General can consider an applicant's criminal history, conduct, controlled-substance use, court orders, threats, mental-health-related firearm disabilities, information from law enforcement, and other factors relevant to determining whether restoration would be consistent with public safety.


That means the program is not an automatic pardon or guarantee. The government still evaluates whether an individual presents a potential danger before granting federal firearm-rights relief.


Marijuana Receives Different Treatment Under the New Rule

This is the part Arkansas marijuana patients will want to pay particular attention to.


Under the DOJ's new framework, a person who is currently an unlawful user of or addicted to a controlled substance can face a presumption against receiving firearm-rights relief.

But there is an exception.


If the person's only unlawful controlled-substance use or addiction involves marijuana, that marijuana use does not create this particular presumptive disqualification.


That could make the federal restoration process more accessible to some people whose circumstances involve marijuana.


However, the exception should not be confused with nationwide marijuana legalization or universal firearm eligibility for cannabis patients.


Does an Arkansas Medical Marijuana Card Affect Your Gun Rights?

An Arkansas medical marijuana card establishes that a patient is authorized to participate in the state's medical marijuana program.


It does not function as a federal firearm-rights determination. Likewise, receiving approval through the DOJ's new Federal Firearm Rights Restoration program does not determine whether someone qualifies as an Arkansas medical marijuana patient.


Medical marijuana eligibility and firearm eligibility are governed through separate legal processes.


This distinction is particularly important for Arkansas patients because complying with state cannabis law does not necessarily answer every question created by federal firearm law.


Does the DOJ Rule Automatically Restore Gun Rights for Marijuana Users?

No. The new rule establishes a process to apply for restoration. It does not automatically restore firearm rights to everyone who uses marijuana.


Someone may still be prohibited from possessing a firearm for another reason. The DOJ can consider previous criminal convictions, violent conduct, restraining orders, current legal status, public-safety concerns, and other relevant factors when reviewing an application.


Even when marijuana is part of someone's circumstances, another independent firearm prohibition may still prevent that individual from legally possessing a gun.


Federal Restoration Doesn't Override Arkansas Firearm Restrictions

There is another limitation Arkansas residents should know about. The DOJ's Federal Firearm Rights Restoration program addresses federal firearm disabilities.


If an individual is independently prohibited from possessing a firearm under Arkansas law, receiving federal relief does not automatically eliminate the state restriction.


The DOJ specifically warns applicants that federal restoration may not resolve state-level firearm prohibitions.


That makes it important to understand the complete legal picture before attempting to purchase or possess a firearm.


How the Federal Firearm Rights Restoration Process Works

The new program is being introduced in phases, with broader public access scheduled as the DOJ completes its initial rollout.


The application process can require substantial documentation. Applicants may need to submit criminal-history records, court documents, information regarding previous convictions or restoration attempts, electronic fingerprints, and character references.


The DOJ reviews the application and investigates the circumstances before reaching a decision. If relief is granted, the FBI can update the federal NICS background-check system accordingly.


If an application is denied, the applicant may have options for judicial review or, depending on the circumstances, a future application.


What Should Arkansas Medical Marijuana Patients Do?

Arkansas patients should continue treating medical marijuana eligibility and firearm eligibility as two different issues.


If you have a qualifying condition, a marijuana doctor can evaluate whether you meet Arkansas's requirements for medical marijuana.


Firearm eligibility requires a legal analysis. Patients who have lost their firearm rights, have prior criminal convictions, or are uncertain whether their marijuana use affects their ability to possess or purchase firearms should speak with a qualified firearms attorney.


Arkansas Marijuana Card and Auren Alternative Health do not provide legal advice. Our medical marijuana doctors can help patients understand Arkansas's medical cannabis certification process, but questions regarding firearms, concealed carry, federal firearm laws, or the DOJ restoration program should be directed to a qualified attorney.


A Major Change for Marijuana Users But Not a Blanket Protection

The DOJ's 2026 rule represents an important shift in federal firearm policy. Marijuana use has historically created significant uncertainty for people living in states with legal medical cannabis programs like Arkansas.


Under the new restoration framework, marijuana-only use is no longer treated the same way as other controlled-substance use for one important presumptive disqualification.


That may provide a new pathway for some individuals seeking to restore federal firearm rights.


Still, every situation is different, and the rule does not guarantee that a medical marijuana patient can purchase or possess a firearm.


Renew Your Medical Marijuana Card Today!

Medical marijuana is legal in Arkansas, and we can help you renew your medical card TODAY! If you qualify for your renewal, give us a call, and we can help!


You need your medical card to access any of Arkansas’s medical dispensaries. Not to worry, because it is now easier than ever to renew your card with Arkansas Marijuana Card!


Telemedicine makes it easy for you to renew your card from the comfort of your own home! Schedule an appointment with one of our physicians to get started today!

 


Doctors Who Care

Relief You Can Trust


Here at Arkansas Marijuana Card, we aim to help everyone achieve wellness safely and conveniently through increased access to medical marijuana. Our focus on education, inclusion, and acceptance will reduce the stigma for our patients by providing equal access to timely information and compassionate care.


Call us at (844)-249-8714 today, or book an appointment here.


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