Members of the cannabis community regularly wonder how your gun laws can be affected by using medical marijuana. Can I have a gun and a medical marijuana card at the same time?
But to this date, the answer to this question is a no!
However, like almost every cannabis conundrum, this one also has certain angles worth highlighting. Often, medical marijuana ID card holders bring up Second Amendment in their defense, which gives people the right to keep and bear firearms. However, this privilege isn’t absolute. This brief attempts to clear up things as lucidly as we can.
MMJ Users as Federally Prohibited Persons- The Conundrum
Ever since the ‘Form 4473’ of the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) prohibited authorized gun sellers from selling firearms to buyers who declare using marijuana – a Schedule I drug, things have been muddy and murky.
What Are Controlled Substances Schedule Drugs? Is Marijuana a Schedule I Drug?
Substances, including certain drugs, controlled under the Controlled Substances Act of 1970 are known as Controlled Substances Schedule Drugs. There are five schedules of these substances; marijuana falls into the Schedule I Controlled Substances category. Some other companions of marijuana in this category are LSD and Ecstasy. The US federal law considers these drugs as high-risk substances with very little therapeutic or medical value.
How It All Started?
The Gun Control Act of 1968 is an important topic in this discussion. The US federal government regulates the sales, distribution, and ownership of firearms through this law. Under this act, the government identifies unlawful users of controlled substances, defined in the Controlled Substances Act as a class of persons prohibited from owning or possessing a firearm.
Wilson & Lynch Case & Second Amendment Rights
Things got a little more interesting in 2011 when the ATF sent an open letter to the licensed firearms dealers. The letter prohibited the purchase of firearms at a gun store if the potential buyer was a holder of medical marijuana card. One card-carrying patient challenged this move in the famous Wilson vs. Lynch case. The 9th US Circuit Court of Appeals, however, upheld this move, declaring that the letter wasn’t violating the second amendment rights of the medical marijuana card holders.
What does this mean for medical marijuana patients who want to purchase guns?
Technically speaking, there are some loopholes. Regarding gun laws, each state has its own set of parameters. Some are too strict when performing federal criminal background checks, while in the case of some states like Georgia, buying a gun is as easy as getting a bag of chips. With a rise in gun violence, certain states across the United States are increasing their background screenings.
The ATF’s amendment in Form 4473 now requires every potential gun owner to declare whether or not they are addicted to cannabis. Tick yes, and you are ineligible. But the applicability of this law is directly related to the background checks that gun sellers perform.
Does a Medical Marijuana Card Invalidate Your Gun License?
Yes. It does not matter if you live in a state that has legalized cannabis for medical or recreational use. If you are using cannabis, you cannot own a firearm. This still applies even if you have a license for both of these items!
Possessing a medical marijuana card will invalidate any firearms license you might have.
Can Medical Cannabis Card Holders Purchase a Gun?
There are no exceptions for medical cannabis holders regarding gun-holding laws. Cannabis is still a Schedule I drug. Hence, the same rules apply.
What If You Already Have A Gun?
Things sometimes get confusing, especially if you already own a gun. What happens, then? Are you supposed to return the guns and give up your license?
The law needs to be clarified because, in this case, there is no existing guideline as to what a person should do in this situation. Law is also silent on what will happen if you relinquish it. Some legal fraternity members think it can lead to potential prosecution against the gun holder.
How does Calling MMJ Users “Unlawful Drug” Users Violate Their Second Amendment Right to Keep a Gun?
The reporting requirements imposed by ATF Form 4473 compel individuals to disclose their unlawful status in violation of the privilege against self-incrimination. Given the privilege against self-incrimination, the government cannot compel people to incriminate themselves in a crime by being a witness against themselves. Such measures are generally deemed unconstitutional.
The Dissenting Voices
Hence, it doesn’t come as a surprise that there have been dissenting voices recently about this legislation. Take the US district judge Patrick Wyrick’s decision in 2021, which declared the federal law regarding the possession of firearms for marijuana users as unconstitutional. The decision said that while the government can protect the public from dangerous people possessing guns, it has no right to take away this right just because someone has a status of a marijuana user. Similarly, medical marijuana patients in Minnesota have demanded gun rights as well.
The Future of Gun Ownership for Marijuana Card Holders
Currently, things don’t look exactly bright for MMJ cardholders as far as gun ownership is concerned. The message is quite clear whether it is the Department of Justice’s advisory that necessitates federal background checks on unlicensed gun buyers in Michigan or the failure to schedule The Second Amendment Protection Act. Either smoke or shoot; there is no in-between.
Final Note
The decision to own a gun or continue with your medical marijuana membership is decided subjectively. It is up to each person to decide if they would rather have their medical cannabis card or have rights to purchase and own guns now, or in the future. However, reading federal laws and deciding accordingly is necessary in all scenarios.
PrestoDoctor Can Help
PrestoDoctor can help you get your medical marijuana card easy, fast, and private from the comfort of your own home. The process is simple, and we even have same day appointments available. To get your card, start by filling out a brief medical questionnaire. There are many health conditions that qualify as a medical condition in order to get your medical card and become a qualified patient.
Then, you select a date, time and doctor of your choice. When it is time for your appointment, the doctor will call you via video chat. If you are approved, we will help you finish with the registration process (if it applies to your state).
