Comprehensive Guide to Gun Rights and Medical Cannabis: Will I Lose My Guns if I Obtain a Patient Card?

• By TMCC Admin Team
• August 11, 2022January 23, 2024
• Gun Rights, Blog

This content was updated on October 16, 2023.

Understanding the Legal Complexities of Cannabis Use and Gun Ownership

Cannabis gun rights have become a heated matter of discussion in recent years.

There is still a lot of misunderstanding over how the existing gun laws affect the expanding medical cannabis population, even while the campaign for national gun reform continues.

 As more states embrace the therapeutic benefits of cannabis, the issue of gun rights for medical cannabis patients has emerged as a hotly debated topic across the United States.

While many states grant patients access to medical marijuana, the clash between state and federal laws casts a shadow of uncertainty over the Second AmendmentIn cannabis cultivation, amendments refer to additional mate... rights of those who choose this alternative form of treatment.

Do You Lose Your Gun Rights If You Have A Medical Card?

 The question of whether obtaining a medical cannabis card will result in the loss of one’s gun rights is a complex and sensitive issue that continues to perplex medical cannabis patients across the nation.

As with many legal matters, the answer is not a straightforward “yes” or “no.” Instead, it depends on a combination of federal and state laws, as well as the individual’s specific circumstances. 

This article will cover some crucial points to remember on a federal level.

At the bottom of this article, we will have a link that goes over each state’s regulations on possessing firearms and medical cannabis cards, so you can easily learn about your applicable state laws.

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Federal Law and Gun Rights for Cannabis Users

There are no exceptions to federal law for cannabis being used for medicinal purposes, even if such use is permitted under state law because cannabis is classified as a Schedule I drug under the Controlled Substances Act.

As a result, it is against federal law for someone with a medical cannabis card to buy, obtain, possess, or control a firearm.

Under the Gun Control Act of 1968, it is illegal for individuals who are “unlawful users of or addicted to any controlled substance” to possess firearms.

Since marijuana is classified as a controlled substance at the federal level, individuals who use it, even for medicinal purposes, could potentially be considered “unlawful users” under federal law.

In 2011, the Federal Bureau of Alcohol, Tobacco, Weapons, and Explosives (ATF) informed all authorized firearms dealers in an open letter that anyone in possession of a valid medical cannabis card is unable to acquire a handgun from a gun store.

The ATF states that regardless of whether cannabis use or possession has been decriminalized or permitted for medicinal or recreational purposes in the state where you reside, it is still illegal under federal law.

Despite the ATF’s open letter, there is still a lack of clarity and consistency in the enforcement of this policy.

The issue of medical cannabis and gun rights has not been definitively addressed by the Supreme Court, leading to varying interpretations in different jurisdictions.

As a result, some states have taken steps to protect the gun rights of medical cannabis patients, while others have not addressed the matter explicitly.

The United States Court of Appeals for the Ninth Circuit ruled in Wilson v. Lynch that registered medical cannabis users are not permitted to purchase firearms legally under federal law.

The court determined that prohibiting the sale of weapons to medical cannabis users did not violate their Second Amendment rights.

The Wilson v. Lynch case, however, prompted the ATF to issue a second warning. The organization included a question in Form 4473, which prospective gun owners must complete before buying a weapon, asking whether they use cannabis or have a cannabis addiction.

If you answer “Yes” to the question, you will not be permitted to possess a firearm lawfully.

However, if you possess a medical cannabis card and falsely state that you do not use cannabis, you have committed perjury, a crime.

Due to the 2018 Farm Bill, users of hemp-derived cannabidiol (CBD) are not subject to this restriction since the bill does not consider hemp products to be controlled substances.

Do Medical Marijuana Cards Render a Gun License Void?

At the federal level, the Gun Control Act of 1968 is the primary law that governs firearms ownership.

As marijuana is classified as a Schedule I controlled substance under federal law, medical marijuana cardholders could potentially fall into the category of “unlawful users” and face restrictions on their gun rights.

The Gun Control Act includes clear language, but executing it has become difficult due to shifting attitudes toward cannabis, its emerging legality, and how enforcement is handled depending on the circumstances.

An excellent example is the need for armed security guards to protect dispensaries to ensure security and monitor cannabis movement and transactions.

These people are technically breaking the law by working in a dispensary since they are around cannabis.

However, several states do not enforce the law to protect their cannabis industries.

As a side note, whenever your MMJ card expires, you can buy a gun once more.

Can Medical Cannabis Card Holders Purchase a Gun?

According to the Second Amendment, every citizen of the United States has the right to keep and bear arms.

The Amendment clearly states that the government cannot violate this freedom, though existing gun laws forbid the possession of firearms by particular groups and demographics, such as convicted felons. 

Although federal law establishes the foundation, states have the autonomy to implement their own medical cannabis and firearm ownership regulations.

The impact of medical cannabis cards on gun purchases varies from state to state. Some states have enacted laws to protect the Second Amendment rights of medical cannabis patients, while others have not explicitly addressed the issue.

The Wilson vs. Lynch ruling doesn’t necessarily close the door for medical cannabis patients seeking to purchase guns.

While it is unlawful for federal firearm dealers to sell firearms to cannabis patients with identification cards, this does not mean that a medical cannabis user cannot purchase firearms at all; it only suggests that they cannot do so through officially recognized arms dealers.

Each state has different rules about cannabis and owning a gun; some states require background checks and others make it easy to buy a gun with little fuss. 

In short, medical cannabis cardholders can only purchase a gun from a private seller.

It is illegal to try to acquire a firearm from a federal firearms dealer or those who own a retail location as a medical cannabis cardholder.

Can I Own A Gun If My Wife / Husband / Spouse Has A Medical Card?

The short answer here is yes – you can own a firearm if your spouse or significant other has a medical cannabis card, and similarly, you can have a medical cannabis card if your spouse owns firearms.

Another crucial aspect to consider is the concept of “constructive possession.” If one spouse is deemed a “prohibited person” due to their medical cannabis card status, it could be argued that the other spouse’s access to firearms could indirectly place the firearms in the possession of the prohibited individual.

This interpretation varies across jurisdictions, but it’s essential to understand the potential risks and consequences.

While some states may not hold the spouse accountable for the medical cardholder’s status, there is no guarantee of uniformity across the nation.

Spouses residing in states with strict interpretations of federal law may still face potential legal risks if their partner holds a medical cannabis card.

Can A Person Be Listed As A Caregiver If They Are Gun Permit Holders?

Yes, a person can still be a caregiver for someone who needs medical cannabis, even if the caregiver has a gun permit.

In states that have legalized medical cannabis, caregivers play a crucial role in assisting qualified patients with obtaining and using their medicinal marijuana.

Caregivers are responsible for providing support in various ways — such as purchasing cannabis, administering medication, and ensuring compliance with the state’s medical cannabis program.

However, similar to the concerns related to spousal possession, caregivers may also face issues of “constructive possession.”

If a caregiver assists a medical cannabis patient, who is considered a “prohibited person” under federal law, the caregiver’s access to firearms might indirectly expose the patient to potential violations.

Can Law Enforcement Determine if a Patient Owns a Medical Cannabis Card?

The privacy and confidentiality of medical information, including possession of a medical cannabis card, are important rights protected under federal law.

However, under certain circumstances, law enforcement agencies may have access to this information.

The extent to which law enforcement can determine if a person owns a medical cannabis card depends on several factors:

1. State Medical Cannabis Programs

Medical cannabis laws and programs are administered at the state level, and each state has its own regulations governing the issuance and verification of medical cannabis cards.

In some states, patient registries are maintained as part of the medical cannabis program, while in others, the information is kept confidential and is not accessible to law enforcement.

2. Search Warrants and Subpoenas

In certain situations, law enforcement may obtain a search warrant or subpoena to access medical records, including information related to medical cannabis cards.

Obtaining such warrants or subpoenas generally requires probable cause or a reasonable belief that the information is relevant to an ongoing investigation or legal proceeding.

3. Traffic Stops and Encounters

During routine traffic stops or encounters with law enforcement, officers might ask individuals about their possession of a medical cannabis card.

Unless there is a specific reason to investigate or enforce medical cannabis laws, individuals are generally not obligated to disclose this information.

4. HIPAA Privacy Protections

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that protects the privacy of an individual’s medical information.

HIPAA generally restricts healthcare providers from disclosing patient information to law enforcement without the patient’s consent or a valid legal authorization.

5. Cannabis Legalization Status

The legality of medical cannabis in a particular state can impact how law enforcement approaches this issue.

In states where medical cannabis is legal and regulated, there may be more explicit protections for patient privacy, limiting law enforcement’s access to medical cannabis card information.

6. Medical Emergencies

In emergency situations where medical treatment is required, law enforcement personnel responding to the scene might become aware of a person’s medical cannabis card if it is relevant to their medical condition.

Firearm and Cannabis Laws in Each State

Listed below are the laws in each state regarding holding a medical marijuana card and firearm simultaneously.

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Frequently Asked Questions:

Can I Own a Gun if I Have an Expired Medical Card?

Yes. If your medical cannabis card has expired, you can own a gun, and purchase new firearms and ammunition.

Can Medical Cannabis Card Holders Purchase a Gun?

According to the Second Amendment, every citizen of the United States has the right to keep and bear arms.

The Amendment clearly states that the government cannot violate this freedom, though existing gun laws forbid the possession of firearms by particular groups and demographics, such as convicted felons. 

The federal government permits states that legalized cannabis to create and enforce their own cannabis laws.

States tend to apply gun laws and rules differently, particularly when cannabis legislation and medical cannabis users are involved.

The Wilson vs. Lynch ruling doesn’t necessarily close the door for medical cannabis patients seeking to purchase guns.

While it is unlawful for federal firearm dealers to sell firearms to cannabis patients with identification cards, this does not mean that a medical cannabis user cannot purchase firearms at all; it only suggests that they cannot do so through officially recognized arms dealers.

Each state has different rules about cannabis and owning a gun; some states require background checks and others make it easy to buy a gun with little fuss. 

In short, medical cannabis cardholders can only purchase a gun from a private seller. It is illegal to try to acquire a firearm from a federal firearms dealer or those who own a retail location as a medical cannabis cardholder.

Do Medical Marijuana Cards Render a Gun License Void?

Basically, yes. You cannot lawfully own a firearm even if you are licensed for both medical and recreational use of cannabis and live where it is allowed.

If you apply for a medical cannabis card and own a gun, the law becomes even more perplexing.

Can I Own a Gun If My Spouse Has a Medical Cannabis Card?

The short answer here is yes – you can own a firearm if your spouse or significant other has a medical cannabis card, and similarly, you can have a medical cannabis card if your spouse owns firearms.

Can a Person be listed as a Caregiver if they are Gun Permit Holders?

Yes, a person can still be a caregiver for someone who needs medical cannabis, even if the caregiver has a gun permit.

Can Law Enforcement Determine if a Patient Owns a Medical Cannabis Card?

If you use medicinal cannabis, law enforcement may be able to authenticate your cannabis use by obtaining this information from a state database or a medical cannabis patient registry.

Several states have tried to protect medical cannabis patients by blocking state police from accessing the medical cannabis patient registry to determine whether a firearm applicant uses medical cannabis.

Even if your state has approved cannabis for either medical or recreational use, neither group of cannabis users can possess firearms.

States lack the power to amend the ATF Form 4473 guidance materials that deal with cannabis usage and gun ownership and the federal regulations for gun possession.

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