Can you own a gun with a medical marijuana card? This has become a common question for many since some states legalize medical marijuana, where federal laws are still against it.
Using medical marijuana is already a federal crime where it is considered a Schedule I controlled substance. So, it would be forbidden for marijuana users to have their guns as well. This difference can cause legal issues in the future.
That’s why it would be wise for you to get familiar with both federal and state laws before getting a gun with a medical marijuana card. We’re here for you so that you can be aware enough to make smart choices and stay out of legal trouble.
Knowing Federal Laws
To become a gun owner as a medical marijuana user, you’ve to understand the federal laws first. Remember that there are important laws that affect people’s rights and limitations. For example:
The Gun Control Act of 1968
Gun ownership in the United States is monitored by the Gun Control Act of 1968. This law is for those who are dangerous to society. It mainly says that the “unlawful user” who takes drugs illegally can’t have guns. Since federal law says that medical marijuana users are also included in this rule, that’s why they can’t have guns as well.
Federal Stance on Marijuana
According to federal law, marijuana is a Schedule I controlled substance. It means that marijuana has the potential for high abuse, and it can’t be used for any medical condition. Different states might have different laws but all of them are going to be affected by the federal law’s strict understanding about marijuana.
Even if a state allows marijuana users to have their firearms, according to federal law, no one can. So, ultimately it is almost prohibited for medical marijuana users to have guns.
State Laws and Variations
We already know that state laws vary when it comes to having a gun as a medical marijuana user because of federal rules. And to make a smart decision, you’ve to understand these differences clearly.
State-Specific Legislation
Different states approach differently when it comes to solving the conflict about using a gun as a medical marijuana card holder. There are states like Oregon which allow people to carry a concealed weapon as a medical marijuana user.
On the other hand, Florida maintains the federal law and strictly bans anyone using a gun who is a medical marijuana user. As a regular citizen, you must understand these different rulings by different states.
Case Studies: State vs. Federal Law
As per many case studies, we’ve found that several court cases highlight the tension between state and federal laws about having a gun as a medical marijuana user.
A case study in Oregon shows that the Supreme Court has given permission to the state sheriffs to allow suitable medical marijuana users to carry their guns. So, basically, the courts aren’t sure what to do because their decisions sometimes go against the government rulings.
From a few cases, we can see that many states are trying to find a balance between their freedom to carry a gun as a medical marijuana user and federal laws.
The Role of the ATF and FBI
The ATF and FBI play very important roles when it comes to making sure that people with medical marijuana cardholders can’t carry guns.
ATF Regulations
The ATF tells gun sellers what rules they need to follow and why they can’t go against federal law. In 2011, they sent out an open letter that said no one with a medical marijuana card can carry guns.
People who want to buy guns have to fill out the ATF Form 4473. The form is very important as it asks if the individual is a marijuana user or not. While filling out the form, you can’t lie, as it would be a crime against the law.
FBI Memo Insights
A 2019 FBI letter made it clearer that medical marijuana caregivers and farmers can have guns. It means those who care for medical marijuana patients and people who grow marijuana can have guns. But if anyone is a medical marijuana cardholder, they can’t buy a weapon.
The letter says how to find out what “current use” is, which means someone with a medical card would be considered in this category.
Conclusion
To sum up, it is quite complicated to figure out the issue between federal and state laws regarding medical marijuana use. Federal laws like the Gun Control Act of 1968 say that it is against the law to have a gun while being a medical marijuana user. But many state laws don’t think that, and they allow users to carry guns.
While many states have tried to be liberal regarding gun rights for medical marijuana cardholders, federal law is still against it. Before making any rash decision, you must know all the facts that we’ve talked about in this article.
Basically, the future of owning a gun as a medical marijuana user depends on whether the federal law changes. We think the state and federal law should come in the middle ground and become a bit lenient towards medical marijuana users.
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FAQs
What happens if a medical marijuana user lies on ATF Form 4473?
It is a crime against the law to lie on an ATF Form 4473. It is considered perjury, and you’ll become a felony for this. Make sure not to lie on this form to avoid any future imprisonment and fines.
Can caregivers or growers of medical marijuana legally own firearms?
According to the FBI memo, caregivers and marijuana growers can carry guns as long as they do not personally use marijuana. Or else they will become ineligible.
What should medical marijuana users do if they already own firearms?
Medical marijuana users should talk to a lawyer to make sure they are following both state and federal rules so they don’t get in trouble with the law.
