The Arkansas Department of Health is warning would-be applicants for medical marijuana cards that they can have the card or the ability to buy a gun, but not both.

This warning came as Texarkana’s board of directors set forth rules and costs for establishing medical marijuana dispensaries.

According to NWA, the Ark. Dept. of Health is stressing that an individual cannot have “a medical marijuana card and legally own a gun because pot is still illegal on the federal level.” In other words, a resident licensed to legally purchase marijuana for medical purposes in Arkansas would still have to answer in the affirmative when asked about unlawful use of marijuana during a background check for firearms purchases.

Form 4473 of the background check process asks if the would-be firearm purchaser is “an unlawful user of … marijuana.” No one who answers “yes” to that question can purchase a gun. The basis for that question is federal law, rather than laws in the state.

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