Can You Own a Gun With a Medical Marijuana Card?
Introduction
The short answer is: Yes, but it is complicated. Having a medical marijuana card does not prohibit someone from owning or purchasing a firearm, however using marijuana whether recreationally or for medical use does prohibit someone from owning a firearm. While medical marijuana is legal in Virginia, federal law prohibits individuals who use cannabis from owning firearms. Having a medical marijuana card does not mean that a person has used marijuana. It only means they have been approved by a doctor to use medical marijuana, if they desire, to treat their medical condition with marijuana. So having a medical marijuana card by itself should not prohibit someone from owning a firearm. This legal conflict creates confusion for many Virginians who hold medical marijuana cards and wish to exercise their Second Amendment rights by owning a firearm. The stark contrast between state-level legalization of medical marijuana in Virginia and the continued federal prohibition creates a murky legal landscape that leaves many Virginia residents wondering what their rights truly are.
Understanding these conflicting laws is essential for anyone who uses medical marijuana and wishes to own a firearm.
In this article, we’ll walk you through the legal landscape in Virginia, including state and federal regulations, the role of medical marijuana, and what this means for gun ownership.
We’ll also explore recent court rulings, practical advice for navigating this complex legal issue, and what the future may hold for reconciling these conflicting laws.
The Conflict Between Federal and State Laws
The question of whether you can own a gun with a medical marijuana card in Virginia stems from the ongoing clash between federal and state laws. Here’s how each applies:
Federal Law
Under federal law, marijuana is classified as a Schedule 1 controlled substance, meaning it’s considered illegal and without recognized medicinal value.
The Gun Control Act of 1968 prohibits individuals who are "unlawful users of or addicted to any controlled substance" from purchasing or owning firearms. Since there is no lawful use of marijuana at the federal level any marijuana use is considered unlawful at the federal level including medical marijuana. You will notice the law makes no mention of prohibiting gun ownership of people who have a medical marijuana card, which means simply possessing a medical marijuana card should not prohibit someone from purchasing a firearm. However, using the medical marijuana card to purchase medical marijuana or using medical marijuana would classify a patient as an “unlawful user of a controlled substance” at least at the federal level.
Federal background checks for firearms, via Firearms Transaction Record question 11-e, explicitly ask about marijuana use. Even in states where cannabis is legal, answering “Yes” to this question disqualifies you from owning a gun. It is important to note that they are asking about marijuana use, they are not asking if you have a medical marijuana card.
Virginia State Law
Virginia has legalized medical marijuana, allowing residents to obtain cannabis with a valid certification from a healthcare provider.
Virginia law regarding possession of firearms while in possession of certain substances “any person unlawfully in possession of a controlled substance classified” is not allowed to possess a firearm. However, a patient with a valid medical marijuana card is legally allowed to possess marijuana. This
The Application for Concealed Handgun Permit (Form SP-248) Question G, asks whether applicants are addicted to or unlawful users of controlled substances, including marijuana. However, the term “unlawful user” creates confusion, as medical marijuana use is lawful under Virginia law but not under federal law. Since concealed carry permits are issued under state jurisdiction, does this mean that patients possessing a valid medical marijuana card and using medical marijuana legally in the state could answer “No” to this question and have legal grounds for doing so at the state level? The answer to this question is still unclear, but more reporting needs to be done to better understand the legal rights of medical cannabis card holders when it comes to gun ownership.
This legal contradiction puts medical marijuana patients in Virginia in a difficult position, as federal laws ultimately supersede state laws in matters of gun ownership.
What Does This Mean for Virginia Gun Owners?
For medical marijuana users in Virginia, the interplay between state and federal laws creates a gray area. Here are key considerations:
Federal Restrictions: Even if Virginia law permits medical marijuana use, owning a firearm while using cannabis violates federal law. Federal authorities consider marijuana a Schedule 1 controlled substance, which means that any current use disqualifies an individual from legally owning or purchasing a firearm. This restriction applies regardless of whether the use is legal under state law, creating a significant barrier for those attempting to reconcile their medical needs with their Second Amendment rights.
Ambiguities in State Forms: Virginia’s concealed handgun permit application includes a section asking whether the applicant is an unlawful user of controlled substances. While the state has legalized medical marijuana, this language is vague and does not explicitly address lawful medical cannabis use. This ambiguity forces applicants to navigate unclear legal territory, leaving them at risk of potential denial or, worse, legal repercussions for providing inaccurate information. Without clear state guidance, many medical marijuana users feel uncertain about how to proceed.
Potential Legal Risks: Providing false information on ATF Form 4473 or other firearms-related applications can have severe consequences. This form, required for purchasing firearms through licensed dealers, explicitly asks about cannabis use. Answering dishonestly can lead to felony charges, hefty fines, and even imprisonment. These penalties highlight the importance of understanding the law and avoiding any misrepresentation, even if enforcement seems rare. Moreover, federal agencies have the authority to prosecute individuals retroactively if they discover inconsistencies between firearm purchases and cannabis use.
Practical Implications: For many gun owners, the legal uncertainty can be overwhelming. This situation may prompt some individuals to avoid applying for medical marijuana cards altogether to preserve their firearm rights. Others may choose to forgo firearm ownership despite needing medical cannabis. This balancing act often places individuals in a difficult position, forcing them to prioritize one set of rights over another. The lack of legal clarity perpetuates confusion and frustration among Virginia gun owners, emphasizing the need for reform and clearer guidance at both the state and federal levels.
Recent Developments in Virginia
Virginia’s HB 1862, passed in 2021, offers some protections for medical marijuana users. You can see a summary of the bill here. It prohibits employers from discriminating against employees for lawful cannabis oil use. However, it does not address firearm ownership directly. This leaves medical marijuana cardholders without clear legal protections when it comes to gun rights.
One important note is that according to the legal summary as passed by the house listed below,
“Employee protections; medicinal use of cannabis oil. Prohibits an employer from discharging, disciplining, or discriminating against an employee for such employee's lawful use of cannabis oil pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee's diagnosed condition or disease.”
Does this give patients more legal grounds for answering “No” to Question G, on Form SP-248? If HB 1862 classifies medical cannabis users as lawful users then wouldn’t they be able to answer accordingly on Virginia’s concealed carry permit application? Unfortunately, we do not know the answer to this question but questions like these deserve more research.
Navigating the Legal Maze
Given the legal complexities, medical marijuana users in Virginia should:
Consult Legal Counsel: Speak with an attorney experienced in cannabis and firearm laws to understand your specific situation.
Stay Informed: Follow updates on federal and state laws, as this legal landscape continues to evolve.
Exercise Caution: Be honest on firearms applications and avoid situations that could lead to federal scrutiny.
Can My Spouse Have a Gun If I Have a Medical Card?
Yes, your spouse can legally own a firearm even if you hold a medical marijuana card. The legality of gun ownership is not affected by your medical marijuana use. However, complications can arise regarding possession. If you are involved in any illegal activity, the focus shifts to whether the firearm is in your immediate control or possession, rather than its ownership.
Gun owners must ensure their firearms are securely stored to prevent potential legal issues. In a self-defense scenario, the fact that someone holds a medical marijuana card typically does not factor into the legal analysis. As long as the use of force is deemed reasonable under "stand your ground" or similar self-defense laws, marijuana use is irrelevant.
On the other hand, if an illegal activity, such as cultivating cannabis unlawfully, is involved, the presence of a firearm could complicate legal matters. For instance, if someone attempts to steal marijuana from an unauthorized grow operation, you may face legal consequences for both the grow and the weapon—even if the self-defense claim is valid.
Can You Own a Gun After Your Medical Card Expires?
Medical cannabis cards typically expire annually, biennially, or triennially depending on state regulations. If you fail to renew or reapply, you lose access to your state’s medical marijuana program and its benefits.
So, what happens to your gun rights after your medical card expires?
According to legal experts, once your medical marijuana card expires and you stop using cannabis, you may legally own a firearm. However, lying on ATF Form 4473 during a firearm purchase remains a serious offense.
Do You Need to Notify Any Agency?
No formal notification is required. If your medical card has expired and you are no longer using cannabis, you simply need to complete ATF Form 4473 honestly. This form is a federal requirement for all firearm purchases and applies across all states with legal medical marijuana programs. Keep in mind that each state’s specific gun laws and requirements may vary, so always check your local regulations.
Can My MMJ Card Be Revoked So I Can Buy a Firearm?
In Virginia it is very easy to have your medical marijuana card revoked for any reason, including, no longer needing it, applying for a class A CDL, applying for a federal job that does not allow medical cannabis use, or if you plan on purchasing a firearm.
At CannabisMD TeleMed, all you need to do is contact us and let us know you would like to have your medical marijuana card revoked and we will forward this request to your medical provider. The medical provider can then log into the Virginia Cannabis Control Authority’s website and manually revoke your medical marijuana card. Once your medical marijuana card is revoked you will no longer be able to use it to visit or purchase marijuana products at dispensaries.
Federal Appeals Court Once Again Rejects Blanket Gun Ban for Cannabis Consumers
On August 29, 2024, the 5th US Circuit Court of Appeals ruled in US v Connelly that Americans cannot be federally barred from owning firearms solely based on prior substance use. Judges stated, “There is no historical justification for disarming citizens of sound mind [and] there is no historical justification for disarming a sober citizen not presently under an impairing influence.” The ruling emphasized that marijuana users, like other members of the political community, have a presumptive right to bear arms.
This decision follows a similar 2023 opinion, where judges ruled that neither history nor tradition justifies disarming sober citizens based solely on past drug usage. However, the ruling is not yet universally applicable. Advocates have called for either the Supreme Court or Congress to provide a definitive resolution. Until then, these legal battles highlight the evolving nature of gun rights for cannabis consumers in the United States.
The Future of Gun Ownership and Medical Marijuana
As cannabis legalization expands across the U.S., the conflict between state and federal laws is likely to intensify. Advocates argue for legislative reform to protect the rights of medical marijuana users without compromising their Second Amendment rights. Until then, Virginians must navigate this legal maze carefully.
Conclusion
Can you own a gun with a medical marijuana card in Virginia? Technically, possessing a medical marijuana card does not make someone an "unlawful user of or addicted to any controlled substance including marijuana.” Possessing a medical marijuana card just means a patient has the right to purchase and use marijuana to treat their medical conditions. While having a medical marijuana card should not disqualify a person from owning a firearm, federal law says you cannot use marijuana and possess a firearm. It is essential for medical marijuana patients in Virginia to stay informed, consult legal experts, and proceed with caution when considering firearm ownership.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, please consult a qualified attorney.
FAQs
Can you buy a gun with a Medical Marijuana Card in Virginia?
Yes, federal law does not prohibit individuals with a medical marijuana card from owning a firearm. Federal law does prohibit individuals who use cannabis, including those with a medical marijuana card, from purchasing firearms.
What are the medical marijuana laws in Virginia?
Virginia allows residents to obtain and use medical cannabis with a valid certification from a licensed healthcare provider. Patients must renew their medical marijuana certification at least once annually with the licensed provider if they wish to continue participating in Virginia’s medical cannabis program.
How much does it cost to get a medical marijuana card in Virginia?
The cost of acquiring a medical marijuana card varies significantly depending on the doctor you choose. Typically, the doctor’s consultation ranges from $89 to $200. Virginia mandates annual renewals of the card, which must be completed through a licensed healthcare provider which involves a new consultation with associated fees. Altogether, annual expenses for maintaining a medical marijuana card in Virginia can fall between $89 and $300. Additional charges may also arise for accessing medical records or undergoing specialized evaluations.
CannabisMD TeleMed has a simplified approach for getting a medical marijuana card in Virginia. With prices starting as low as $89 and no additional fees for follow-up support. This low pricing and patient focused service model is why CannabisMD TeleMed has become the number one platform for getting a Virginia medical marijuana card online.
Is my job protected form medical marijuana card holders in Virginia?
Yes, under HB 1862, in most cases, with few exceptions, employers cannot discriminate against employees for their lawful use of cannabis oil with valid medical certification while away from the job. Keep in mind this law does not allow employees to bring medical cannabis onto the employer's property or to be under the influence of medical cannabis while at work.
