Possessing guns is part of American culture and the nation’s historical tradition. Balancing gun rights with public safety was the inspiration behind Federal Government laws that established gun owners’ rights from the Constitution signed in 1791.
Medicinal cannabis users can get in trouble, according to Federal law, if they possess cannabis and firearms. To date, cannabis has not been legalized federally, which can make things confusing for patients who have a state-issued medical card. Or those who plan on getting one.
Current Federal Laws About Cannabis and Firearms Owners
Right now, there are two choices for medical marijuana users. You can own a gun and opt to not use or possess cannabis, or you can use cannabis, retain your medical card, and choose not to buy or possess firearms.
The Federal Gun Control Act (1968)and the Federal Omnibus Consolidated Appropriations Act (1997) state that any person who fits into one of the following categories may not legally purchase or own a firearm and ammunition:
- Persons who have been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year.
- Fugitives from justice.
- Persons who are unlawful users of or are addicted to narcotics or any other controlled substances (including medical marijuana, see below).
- Persons adjudicated as a mental defective or who have been committed to a mental institution (although relief may be available under the 2008 NICS Improvement Act).
- Aliens illegally in the U.S.
- Military veterans discharged under dishonorable conditions.
- Persons who have renounced U.S. citizenship.
- Persons convicted in any court of a misdemeanor crime of domestic violence.
- Persons subject to a court order that restrains them from harassing, stalking, or threatening an intimate partner or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, with limited exceptions, provided the court order:
- was issued after a hearing of which such person received actual notice and at which such person had the opportunity to participate; and
- includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
- by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.
- was issued after a hearing of which such person received actual notice and at which such person had the opportunity to participate; and
Some people may feel that the term “unlawful users” may not apply to them because they are compliant with state laws about medical marijuana. Unfortunately, while cannabis remains federally illegal, anyone who uses cannabis, including synthetic or semi-synthetic hemp-derived products like Delta-8 or HHC, may be charged with a felony if they own a gun.
Do Medical Cannabis Patients Have a Legal Exception?
Because guns and cannabis are prohibited by federal law, this applies to any resident of the United States, regardless of whether you live in a state that has legalized medical cannabis or not. The firearm regulation is clear when it comes to any controlled substance, and that includes cannabis, whether used recreationally or under doctor supervision.
Can Marijuana Consumers Purchase Firearms?
When purchasing a gun from a licensed seller, most states require the completion of Form 4473 of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). If purchasing from a private owner living in the same state, you are not required to fill out Form 4473. About 40% of firearms are sold through licensed retailers in the firearms industry.
While completing Form 4473, you are required to answer Yes or No to a series of questions. But the one that creates an issue is question 11. e.
“Are you a lawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
If you answer honestly and state “Yes” because you have a medical card, you will not be permitted to purchase firearms or ammunition. If you answer dishonestly and state “No,” you would be violating Federal law and risk committing a felony offense.
Retailers who knowingly sell a firearm to habitual marijuana users also be charged with a felony offense that carries a prison sentence of up to ten (10) years.
Do Cannabis and Firearms Restrictions Violate Second Amendment Rights?
The ability to bear arms is established in the Second Amendment Rights of the American Constitution. When the laws were first established regarding controlled substances and firearms, no one could predict that the majority of states would eventually legalize medical cannabis.
A senior who uses medical cannabis under doctor supervision or a patient who relies on cannabis for help with pain or cachexia during cancer treatment does not fall into the same category of criminal intent, which was the initial goal of the “no drugs and firearms” laws. Lawmakers simply did not want to mix marijuana (or any other controlled substance) with guns for obvious reasons, which is why the Federal Gun Control Act came into being.
Will marijuana laws adjust to the new landscape of state-legalized medical cannabis use? The Fifth Circuit Court seems to be heading in that direction. In one case, USA vs. Daniels No. 22-60596, the attorney for Patrick Darnell Daniels, Jr., stated her client had served over forty-six (46) months in a federal penitentiary for possessing less than half of a gram of cannabis and two firearms.
In April 2022, Patrick Darnell Daniels was pulled over for driving without a license plate. The Officer was a DEA Agent, and upon smelling cannabis on Daniels, the vehicle was searched. Stubs of previously smoked cannabis pre-rolls (joints) were found in the ashtray, and two loaded firearms were also found in the vehicle.
Daniels was charged and convicted in the Southern District of Mississippi and was not a registered patient in the Mississippi medical cannabis program. At the time Patrick Daniels was charged, he was not impaired.
Will the Supreme Court Change Cannabis and Firearms Laws?
In the case of Patrick Darnell Daniels, a Federal Appeals Court ruled that the ban that prevents people from using cannabis and possessing firearms is unconstitutional. On August 9, 2023, a three-judge panel agreed to reverse the conviction of Patrick Darnell Daniels. He has served forty-six months of his forty-eight-month sentence.
In several states, there are ongoing challenges to the prohibition of possessing firearms and cannabis. Many jurisdictions are deciding that it is an infringement on Second Amendment Rights, and some judges support legal reform. Unsurprisingly, the Drug Enforcement Agency (DEA) is opposed to changes.
Changes to laws that will allow responsible cannabis users to own guns. The exact same consideration given to people who use another common controlled substance: alcohol.
Aaron Bloom serves as the CEO, overseeing the mission and growth of DocMJ and Medwell Health and Wellness Centers. Aaron’s passion for improving patients’ lives comes from his background in health care. For more than 20 years, Aaron owned, operated, and represented traditional healthcare organizations. This experience created a passion for finding improved ways to relieve suffering. His goal as CEO is to work daily to relieve all patients who seek better health and wellness through the medicinal benefits of medical cannabis and evidence-based alternative medicines.
