The Honolulu Police Department recently sent out letters to legal medical marijuana patients notifying them that they would need to voluntarily surrender their guns. The request was based upon an interpretation of the law that since marijuana maintains illegal status under federal law, then medical marijuana patients would be disqualified from gun ownership.
As reported by The Honolulu Star in November, Honolulu police Chief Susan Ballard sent out a letter to medical marijuana cardholders stating, “Your medical marijuana use disqualifies you from ownership of firearms and ammunition. If you currently own or have any firearms, you have 30 days upon receipt of this letter to voluntarily surrender your firearms, permit and ammunition to the Honolulu Police Department or otherwise transfer ownership.”
In the letter, Ballard cited Hawaii Revised Statutes, Section 134-7 as the reason for the move.
That section reads in part,
(c) No person who:
(1) Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;
(2) Has been acquitted of a crime on the grounds of mental disease, disorder, or defect pursuant to section 704-411; or
(3) Is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current diagnostic manual of the American Psychiatric Association or for treatment for organic brain syndromes;
shall own, possess, or control any firearm or ammunition therefor, unless the person has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect.
On December 7, 2017, Ballard reversed her decision and said the HPD was in error and that current gun owners would be able to keep their guns. However, the policy is under review and no new gun permits are currently being granted to those registered in the medical marijuana database.
No similar restrictions have been issued for persons under medical treatment for other pain relieving prescriptions which might also be interpreted as impairing a person’s ability to responsibly handle a firearm.