Can you own a gun with a medical marijuana card?

Marijuana use is becoming increasingly common in the United States, and many states are legalizing its use for medical or recreational purposes.

Does using medical marijuana affect one's right to keep and bear arms? In other words, can you legally own a gun with a medical marijuana card?

In this article, we'll take a closer look at gun ownership as a medical cannabis user and what you should consider if you're thinking about adding both to your life.

The Federal Laws on Medical Marijuana and Gun Possession

The Federal Gun Control Act of 1968 and the Federal Omnibus Consolidated Appropriations Act of 1997 prohibit persons who fall into any of the following categories from shipping, transporting, receiving, or possessing weapons or ammunition.

Individuals who illegally use or are addicted to narcotics or other controlled substances, including medical marijuana.

An individual cannot hold both licenses. Under federal law, any marijuana user is an illegal user of a controlled substance.

Marijuana is listed as a Schedule I controlled substance under the Controlled Substances Act, and there are no exemptions in federal law for marijuana purportedly used for medical purposes, even if such use is sanctioned by state law.

Federal law also prohibits the sale or other disposal of firearms or ammunition to any person who knows or has reasonable grounds to believe that such person is an illegal user of or addicted to a controlled substance.

Are there gaps in the laws?

States and the federal government are two separate entities, so of course there are cases where laws can conflict with each other.

According to federal law, cannabis is illegal and is considered a Schedule 1 drug. Anyone who uses illegal drugs is considered a prohibited person and is not permitted to possess, transfer, or purchase weapons.

Gun and cannabis laws vary from state to state, and there's a lot more to cannabis and gun possession than meets the eye.

In many states, cannabis is now legal for both medical and recreational use. And state laws generally do not prohibit marijuana users from owning guns.

Please note, however, that federal law takes precedence over state law, regardless of what laws a state has written into its codes regarding gun ownership and medical marijuana.

Can you own a gun with a medical marijuana card?

No, you can't do that. Technically, it is illegal to own and purchase a gun with a medical marijuana card in the United States.

Federal law prohibits medical marijuana users from possessing or purchasing guns and ammunition — even if state law permits drug use.

If you use marijuana, you are a prohibited person, regardless of whether you have a health insurance card. If you use weed, you are not allowed to own any weapons.

A violator faces a serious criminal charge with a federal penalty of five years in prison and a $10,000 fine.

Generally, when purchasing a gun, you must fill out the Federal Firearms Transactions Record Form (ATF Form 4473), with question 11e specifically asking about your current drug use.

“Are you an illegal user of or addicted to marijuana or other depressants, stimulants, narcotics or other controlled substances?”

If you tell the truth, NICS or the gun store salesperson has strong reasons to believe you are using marijuana and will most likely refuse the purchase.

Lying on this form is a felony and a federal misdemeanor punishable by up to five years in prison. And as a felon you lose your right to bear arms for life.

For a marijuana user, each outcome is the same: purchasing or possessing weapons is not permitted.

Do you lose your gun rights if you have a medical marijuana card?

Yes, anyone who has a medical marijuana card loses their gun rights. Even if your state allows it for medical purposes, it is still a federal crime.

Federal law prohibits anyone from owning weapons if they use or are addicted to cannabis.

Does the ATF know if you have a medical marijuana card?

Fortunately, the ATF cannot retrieve a state's MMJ card information. Registering for a medical marijuana card will not show up on a federal background check.

The existing background checks only relate to criminal prosecutions and it is not as if NICS is integrated into a medical database that contains all active MMJ cardholders.

However, if you are reported by others, you are in a car accident or your vehicle is searched, and you have medical cannabis and a weapon in your vehicle, legal action may be taken against you.

Users are advised to store weapons in a separate and locked location from their marijuana.

Diploma

The number of states allowing recreational and/or medical use of marijuana is increasing. It will be interesting to see how this issue is dealt with in the long term.

But right now, using marijuana — even if you have a medical marijuana card — could cost you your gun privileges, potentially for life.

It's important for gun owners who use marijuana to be aware of the legal risks – you're violating federal law, it's a dangerous game.

The best solution is to use marijuana and give up gun ownership or give up marijuana and be a gun owner.

It's a given if you're suffering from an illness and need marijuana for treatment.

Otherwise, it is up to you to make a logical and legal decision for yourself and your values.