Can You Own a Gun with a Medical Marijuana Card?
Marijuana use has become increasingly common in the United States, with many states legalizing its use for medical or recreational purposes.
Does being a medical marijuana patient affect the right to keep and bear arms? Asked differently, can you legally own a gun with a medical marijuana card?
In this article, We will take a closer look at owning guns as a medical cannabis user and what you should keep in mind when considering adding either to your life.
The Federal Laws about Medical Marijuana and Gun Ownership
The Federal Gun Control Act of 1968 and the Federal Omnibus Consolidated Appropriations Act of 1997 make it illegal for a person who fits into any of the following categories to ship, transport, receive or possess guns or ammunition.
Persons who are unlawful users of or are addicted to narcotics or any other controlled substances, including medical marijuana.
An individual can’t have both licenses. Under federal law, any marijuana user is an unlawful user of a controlled substance.
Marijuana is listed in the Controlled Substances Act as a Schedule I controlled substance, and there are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by state law.
Federal law, also makes it unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is an unlawful user of or addicted to a controlled substance.
Are there Loopholes in the Laws?
States and Federal government are two separate entities so naturally you will have these instances where laws can contradict each other.
By federal law cannabis is illegal and considers it a Schedule 1 drug, those who use illicit drugs are considered prohibited persons and cannot possess, transfer or purchase any guns.
Gun and cannabis laws vary from state to state, and there’s much more to cannabis and gun ownership than meets the eye.
Cannabis is now Legally for both medical and recreational use purposes in many states. And State laws generally does not prohibit marijuana users from having guns.
But note that federal law supersedes state law, regardless of whatever legislation a state has written into its law books on gun ownership and medical marijuana.
Can You Own a Gun with a Medical Marijuana Card?
No, you can't. Technically, It is illegal to posses and purchase a gun while having a medical marijuana card in USA.
Federal law prohibits medical marijuana users from possessing or buying guns and ammunition — even if state law allows the drugs use.
Being a user of marijuana makes you a prohibited person regardless of if you have a medical card. If you use weed, you can not legally own guns.
A violator faces serious criminal charges with a federal penalty of five-years jail time and a $10,000 fine.
Generally, When purchasing a gun, you are required to fill out Federal Firearms Transactions Record Form (ATF Form 4473), where question 11e specifically inquires about your current drug usage.
“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
if you tell the truth, then NICS or the gun store clerk has strong reason to believe you consume marijuana then they will most likely deny the purchase.
If you lie on that form, it is a felony and a federal offense punishable by up to five years in prison. And as a felon, you lose your gun rights for life.
Either result is the same outcome for a marijuana user: no gun purchases or ownership allowed.
Do you lose your gun rights if you have a medical marijuana card?
Yes, those with a medical marijuana card forfeit gun rights, Even if your state allows it for medical purpose, it’s still a federal crime.
The federal law prohibits anyone from possessing guns if they use or are addicted to cannabis.
Does the ATF know if you have a medical marijuana card?
Fortunately, the ATF cannot retrieve a state's MMJ card information. the registration for a medical marijuana Identification card does not show up on a federal background check.
The background checks in place only look at criminal prosecutions and it isn't as though NICS is tied into some medical database that contains any active MMJ card holders.
Nonetheless, if you are reported by others, in a car accident, or your vehicle is searched and you have medical cannabis and a gun in your vehicle, you can face legal charges.
Users are advised to keep guns in a location that is separate from their marijuana, and locked up.
Conclusion
The number of states allowing recreational and/or medicinal use of marijuana is growing. It will be interesting to see how this issue is dealt with in the long-term.
But for now, using marijuana - even if you have a Medical Marijuana card- can cost your gun rights, potentially for life.
For gun owners who use marijuana, it is important to be aware of the legal risks - you are violating federal law, it’s a dangerous game.
The best solution is to use marijuana and give up gun ownership or give up marijuana and be a gun owner.
It’s a no brainer if you have a medical condition, you need marijuana for treatment.
Otherwise, it’s your call to make a logical and legal decision for yourself and your values.