Unfortunately no, you can’t own a firearm with a medical marijuana card in Louisiana because just like any other US state, the US federal laws always override the state laws. It all started with Act No. 874 back in 1991 which legalized medical marijuana within the state of Louisiana. However, a proper dispensary and cannabis management system was established under the 2015 House Bill 149.
If we take a look at the state’s medical marijuana laws alone, there is no specific prohibition that prevents medical marijuana cardholders from owning a firearm in Louisiana. However, the status of cannabis as a Schedule I substance categorizes medical marijuana cardholders as ‘unlawful users’ of a controlled substance, disqualifying them from owning a firearm under US federal laws.
The intersection between the state medical marijuana laws and US federal gun ownership laws has created a gray area due to the lack of implementation and clarification. Let’s take a look at the Louisiana medical marijuana laws and federal restrictions on owning a firearm through the eyes of CertaMD.
Louisiana state medical marijuana laws
In the state of Louisiana, recreational marijuana is still illegal, so individuals thinking about using cannabis must obtain a medical marijuana card. To qualify, patients need a medical marijuana recommendation from a certified medical practitioner, but the state’s rules are flexible, allowing doctors to recommend cannabis for any condition they believe could benefit from marijuana treatment.
Once you have a recommendation and a medical marijuana card, you can only purchase marijuana from government-sanctioned pharmacies, which your provider will assist in locating when submitting the recommendation.
Additionally, Louisiana law restricts how much medical marijuana patients can buy, allowing up to 2.5 ounces every 14 days. Also, it is important to stay updated with the changing laws. Don’t worry if you don’t know much about it at the moment, CertaMD helplines are available 24/7!
US federal laws that prohibit medical marijuana users from owning a firearm
As per the US Gun Control Act of 1968, certain individuals categorized as ‘unlawful users’ of a controlled substance are not eligible to own a firearm. As cannabis is categorized as a Schedule I ‘controlled’ substance, people with a medical marijuana card are ‘unlawful users’ of a controlled substance even if they are using cannabis for medical reasons.
The Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives also reconfirmed the validity of the Gun Control Act in a letter written in 2011 stating that marijuana users can’t legally own a gun, regardless of a state’s medical marijuana laws.
What happens to my gun if I am applying for a medical marijuana card?
The state of Louisiana is a ‘silent’ state in this matter. This means that the state won’t be forcing you to turn in your firearm if you’re applying for a medical marijuana card. However, this doesn’t mean that not doing so won’t have any legal consequences.
If caught with a gun in your possession with a medical marijuana card, you can face a penalty of up to $250,000 along with a 10-year long federal prison sentence. You can get an additional 5 years for falsifying information on your background check as well.
Final Note
You can’t legally own a firearm in the state of Louisiana as a medical marijuana user, however, you can still get back your firearms license after your medical marijuana card expires. This is the only legal way to consume medical cannabis and then apply for a firearms license one more time once your treatment is complete.
FAQ’s
Can I own a firearm if I have a medical marijuana card in Louisiana?
No, federal law prohibits firearm ownership for medical marijuana users, even if state law allows medical marijuana.
Does Louisiana state law allow medical marijuana users to possess firearms?
Louisiana state law does not explicitly ban gun ownership for medical marijuana users, but federal law still applies.
What federal law affects gun ownership for medical marijuana cardholders?
The Gun Control Act of 1968 prohibits individuals using controlled substances, including medical marijuana, from owning firearms.
Can I purchase a firearm if I no longer use medical marijuana in Louisiana?
You may regain your gun rights after stopping marijuana use, but you must comply with both state and federal regulations.
Will my medical marijuana card appear in background checks for firearms?
Yes, background checks will likely flag medical marijuana users, which can lead to a denial of firearm purchases.
