Whether or not medical marijuana users can get a concealed carry permit and have the right to own a firearm is still a hot topic for debate in 2024. Although 38 US states have already legalized the use of medical marijuana the majority of them have their own medical marijuana programs to facilitate both current and future medical marijuana users, the federal status of cannabis as a Schedule I substance still stands.
This when combined with the fact that the US federal laws always overshadow the state laws in case of a conflict between them today makes it almost impossible for medical marijuana users to own a firearm. However, there is still a massive gap between the implementation of these laws which explains why there is still a lot of gray area that is manipulated by a lot of people.
Today, CertaMD provides you with a 2024 updated guide on medical marijuana and concealed carry permits in the United States.
Federal legal status of cannabis across the US
As mentioned earlier, cannabis is still categorized as a Schedule I substance under US federal laws. This means that consuming or possessing cannabis for any reason is a criminal offense and can lead to heavy fines and prison time.
Due to such categorization of cannabis under federal laws, medical marijuana users are also classified as users of a ‘controlled substance’. The federal laws give no space to medical marijuana users for using cannabis as a form of medication for a diagnosed medical condition.
On the contrary, there are 38 US states that offer legal immunity to qualifying patients in order to use medical marijuana. In such states, you need to register yourself as a medical marijuana user which is also the only way to get a medical marijuana card. Remember, this legal immunity is only valid in terms of state laws and the US federal laws will always overshadow the state laws if there is a conflict between the two.
Applying for a concealed carry permit in the US
In order to apply for a concealed carry permit in the US, the first step is to check whether or not you’re eligible for one in the first place. The eligibility checks usually include making sure you’re 21 or older, have a valid US identification document, etc.
If you’re eligible and decide to apply for a concealed carry permit, a thorough background check will now be conducted, making sure that you’re not violating the Gun Control Act in any capacity. Unfortunately, using medical marijuana is a violation of the Gun Control Act.
If everything checks out, you’ll be asked to submit all the relevant documents and pay the application fee. It usually takes a few weeks before your application is approved but once that is done, you can now legally own and purchase firearms in the USA.
Here’s why you shouldn’t apply for a concealed carry permit as a medical marijuana user
It is already pretty clear that having a medical marijuana card disqualifies you from getting a concealed carry permit and owning a firearm in the US. Still, there are people who get a concealed carry permit and then apply for a medical marijuana card. In such cases, the interaction between you and a police officer can become quite delicate.
Legally, you’re required to present both your concealed carry permit and medical marijuana card if approached by a police officer with probable cause. Doing so can reveal that you’re carrying a firearm as someone who is using a ‘controlled substance’, which can lead to some serious legal troubles.
Apart from this, it is your social and moral responsibility not to carry a firearm in the first place when you can be under the influence of a psychoactive drug like cannabis.
Final Note
Medical marijuana users still can’t apply for a concealed carry permit in 2024 as cannabis is still recognized as a Schedule I substance as per the US federal laws. Various states on the other hand do offer legal immunity to qualifying patients with a medical marijuana card. However, the license to legally own a firearm falls under the dominion of federal laws hence making it illegal for medical marijuana users to carry one.
