Can You Own a Gun With a Medical Marijuana Card?
In an era of shifting attitudes toward cannabis and evolving gun control measures, a complex and often perplexing question arises: Can individuals who hold a medical marijuana card legally own firearms? This inquiry delves into the intricate interplay of federal and state laws, creating a legal landscape fraught with uncertainty. In this blog post, we will explore the multifaceted world of medical marijuana and gun ownership, providing insights into the nuances of this issue..
So, fasten your seatbelts as we embark on a journey through the intricate maze of regulations and considerations surrounding this topic.
Federal vs. State Laws: Navigating the Legal Divide
At the heart of the dilemma surrounding medical marijuana and gun ownership lies the sharp contrast between federal and state laws. This stark division is central to understanding the unique landscape in which individuals with medical marijuana cards must navigate when considering firearm possession.
Federal Law
Federal law unequivocally classifies marijuana as a Schedule 1 controlled substance. This classification, a remnant of decades-old legislation, effectively declares cannabis illegal at the federal level. Underpinning this classification is the assertion that marijuana holds no recognized medicinal value and carries a high potential for abuse.
Crucially, the federal Gun Control Act of 1968, a cornerstone of firearm regulation, explicitly prohibits individuals who are addicted to or use controlled substances from owning firearms or ammunition. This statute, dating back over half a century, sets the stage for the federal government's stance on the intersection of medical marijuana and gun ownership. As of the date of this article no state has shared data related to state-sanctioned activities of medical marijuana patients. Which means the only way the federal government would know if a patient has a medical cannabis card or uses medical cannabis would be if the person responds “yes” to the question about their marijuana use on the NICS background check.
With passage of the Rohrabacher-Farr, the DOJ is not permitted to use federal funds to prosecute medical cannabis who are engaged in state-sanction activities.
State Laws
In stark contrast to federal law, states across the U.S. have been crafting their own, often divergent, regulations regarding medical marijuana and firearm ownership. This has given rise to a complex patchwork of rules that vary significantly from one state to another.
Some states have chosen to grant firearm rights to individuals who hold valid medical marijuana cards, recognizing the medicinal benefits of cannabis and allowing patients to exercise their Second Amendment rights. Others have taken a more restrictive approach, deeming medical marijuana users ineligible for firearm ownership.
It's essential to emphasize that, despite the proliferation of state-level legislation, federal law takes precedence over state law in matters pertaining to gun ownership and medical marijuana. This inherent conflict creates a legal conundrum for those attempting to reconcile federal and state regulations.
Virginia Laws
A lot of people ask the question, Can I own a gun if I have a medical marijuana card in Virginia? The answer to this question is confusing, especially with the federal classification of marijuana. To highlight the cause of confusion for many medical cannabis patients regarding gun ownership in Virginia please read below.
As of September 26th, 2023 if you look at the Application for Concealed Handgun Permit Commonwealth of Virginia (Form SP-248), you will see in section G, they ask “Are you addicted to, or an unlawful user or distributor of marijuana or any controlled substance?” At first glance it appears as if they are asking if you are an unlawful user of marijuana or any controlled substance. Does this mean that a lawful user of marijuana or any controlled substance could rightfully answer “No” to this question? We do not know the answer to this and always advise speaking with an attorney regarding any legal questions especially when it comes to firearm ownership.
On March 25, 2021 House Bill 1862 (HB 1862) was passed in Virginia you can see a summary of the bill here. Here is an excerpt from the first part of the bill that was passed, “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 mean that patients who have a valid written certification issued by a practitioner to use medical cannabis are considered lawful user’s of cannabis in Virginia? If so does that mean someone could answer “No” in section G of the Application for Concealed Handgun Permit Commonwealth of Virginia?
We do not know the answers to any of the questions posed in this article and we cannot offer any legal advice. We recommend speaking with an attorney to get answers to these questions. The purpose of these questions is to highlight why there is so much confusion about gun ownership with a medical marijuana card in Virginia.
Navigating the Gray Area
The coexistence of federal prohibition and state-level legalization has given rise to a gray area fraught with legal complexities. This ambiguity is a source of bewilderment for many individuals, as they seek to understand the implications of their medical marijuana cards on their Second Amendment rights.
To further complicate matters, individuals in different states may encounter varying requirements and regulations when attempting to purchase firearms. Private sales, for example, may entail different criteria compared to transactions through licensed dealers, potentially creating loopholes that can be challenging to navigate.
However, it is crucial to proceed with caution when exploring such avenues, as the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has introduced measures to close potential gaps in firearm acquisition regulations. This includes amendments to Form 4473, the standard application form for purchasing firearms, which now includes inquiries about cannabis use. Providing inaccurate information on this form can have serious legal consequences, including felony charges.
Navigating Loopholes and Ambiguities
Despite the legal barriers, some individuals have sought creative solutions to navigate the complexities of this issue. Private sales, for instance, may have different requirements compared to licensed dealers, leading to potential loopholes.
Still, it's essential to tread carefully. The ATF has introduced measures to close these gaps, emphasizing that federal marijuana prohibition remains intact, regardless of state legalization. This creates legal risks, particularly if individuals provide inaccurate information when purchasing firearms.
Medical Marijuana Cards and Gun Licenses
Possessing a medical marijuana card can introduce a challenging conundrum for individuals who also hold valid gun licenses. The situation becomes particularly complex when considering the enforcement of these regulations, which can vary depending on the context and jurisdiction. In many cases, individuals find themselves caught in a legal bind, as the Gun Control Act's straightforward language clashes with the evolving landscape of cannabis legality. The law's initial intent was to enhance sentences for drug dealers carrying firearms, but the enforcement landscape has shifted significantly.
Today, it's not uncommon to find armed security personnel safeguarding dispensaries, inadvertently violating federal law by merely being present in these establishments. This incongruity underscores the ongoing debate surrounding medical marijuana, gun rights, and the pressing need for legal clarity in this ever-evolving arena.
The Future Outlook
While navigating this legal labyrinth, individuals must make a challenging choice between their medical needs and Second Amendment rights. The hope for many is that future legislation will bring clarity to this issue, striking a balance that allows medical marijuana patients access to their medication while preserving their right to bear arms.
Wrapping Up
The question of whether you can own a gun with a medical marijuana card is undeniably complex, with no easy answers. It's essential to stay informed about the evolving legal landscape, consult legal experts for guidance, and make well-informed decisions. While we've explored the nuances surrounding this issue, it's important to remember that this blog post does not constitute legal advice. Your specific situation may warrant individualized legal counsel to ensure compliance with the law.
