New Jersey Gun Rights for Medical Cannabis Patients

• By TMCC Admin Team
• November 23, 2022September 5, 2023
• Gun Rights

The New Jersey Medicinal Cannabis Program (NJMCP) was established in accordance with the Jake Honig Compassionate Use Medical Cannabis Act to assist registered patients who are under the care of licensed medicinal practitioners in obtaining cannabis-based medicine from regulated and inspected facilities.

Being in compliance with New Jersey’s cannabis-related rules and regulations is a requirement of being a registered NJMCP patient.  First, a patient must be registered with the NJMC program.

Second, a patient must be a resident of NJ and lastly, the patient must be given a valid medical diagnosis by a New Jersey healthcare professional who is enrolled with the state’s medicinal marijuana program.

Some approved qualifying medical conditions include Anxiety, Cancer, Chronic pain, Glaucoma, Migraine, Multiple Sclerosis, HIV/AIDS, Post-Traumatic Stress Disorder (PTSD) and Tourette Syndrome.

Orders for cannabis are filled at one of the Alternative Treatment Centers (ATC) in New Jersey that has a state license. Patients can also register cargivers to make purchases on their behalf if they are unable to travel to an ATC.

Does Having a Medical Cannabis Card Mean Not Being Eligible for a Gun License in New Jersey?

Yes, unfortunately. While some states firmly support the freedom of citizens to keep and bear guns, New Jersey abides by federal law.

The federal government in the United States is adamantly opposed to gun ownership and cannabis use. It makes no difference to them whether cannabis is used medicinally or recreationally.

People who possess both cannabis and firearms may face hefty fines and penalties, which is a serious violation in the US.

Gun rights or marijuana use for medical purposes have not been discussed publicly by state leaders in New Jersey. Instead, it appears that the state’s firearms and marijuana laws cannot coexist, at least not for the time being.

Having said that, there may be a range of legal penalties, but the outcomes could be terrible. 

What If My Spouse Has a Gun License?

If your spouse has a gun license, but you do not, you are eligible for a medical marijuana card in New Jersey. Similarly, if you do not have a gun license, but your spouse does, you are eligible for certification. Many patients have found these scenarios helpful in their decision when obtaining a card.

Can You Take Your Gun to a Dispensary in NJ?

Although administrative rules might be in place, New Jersey does not have any laws that forbid the possession of firearms as long as one possesses a permit to carry a handgun.

Hence, It is legal to carry a handgun in a dispensary.

In order to be qualified for a permit to purchase a firearm, an individual must have an understanding of the proper handling and usage of a firearm.

Additionally, the owner must have a valid reason for carrying a firearm. Rifles, shotguns, and ammunition for handguns must be purchased with a “lifetime purchaser identity card”.

Purchase permits and identification cards are required to be issued on a “shall-issue” basis, according to a court decision, meaning one must meet all the requirements and pass the background check, before they can get a their permit.

According to a court order, New Jersey’s permit for carrying a concealed handgun is referred to as a “permit to carry a handgun.”

It must be granted by the NJ court as well as the township’s police chief. Except for security guards and other people who carry guns for work, open carry is only permitted with a handgun permit and is typically not practiced.

Long guns can be carried legally if they are accompanied by a Firearm Purchaser ID card, however law enforcement generally discourages it, except for during hunting.

If carrying in this style, one should anticipate being stopped and questioned in most places. Long guns may not, however, be carried loaded and in the open.

Can you consume CBD and own a gun in New Jersey?

New Jersey has no legal restrictions on CBD. You can consume CBD and own a gun as long as you have a permit to own one.

CBD, a non-psychoactive cannabinoid, is produced by both hemp and marijuana plants. Both of these CBD sources are accepted in New Jersey.

In 2019, the state legalized CBD derived from hemp as a result of the 2018 Farm Bill. 

This bill states that as long as the hemp supplier complies with federal regulations and their harvests have a THC content of no more than 0.3%, this bill permits the use of industrial hemp and all of its components (including CBD).

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