Florida Gun Rights Guide for Medical Cannabis Patients

• By TMCC Admin Team
• October 24, 2022November 15, 2023
• Gun Rights

A constitutional amendmentIn cannabis cultivation, amendments refer to additional mate... allowed the use of medical marijuana in 2016. The Florida Medical Marijuana Legalization Initiative — also known as Amendment 2 — was put on the ballot and received 71% of the vote.

Florida already had a medical marijuana statute in place, but it only applied to those who had less than a year to live and were terminally ill.

Amendment 2 aims to help people with the following illnesses: 

• Cancer
• Epilepsy
• Glaucoma
• HIV/AIDS
• Post-traumatic stress disorder (PTSD)
• Amyotrophic lateral sclerosis (ALS)
• Crohn’s disease
• Parkinson’s disease
• Multiple sclerosis
• Other disabling medical conditions that are comparable to those listed

In accordance with Amendment 2, a patient will get medicinal marijuana if their doctor determines that the benefits will likely outweigh any potential hazards to their health.

The Department of Health’s Office of Medical Marijuana Use (OMMU) is in charge of maintaining the medical marijuana use registry and creating and enforcing medical marijuana laws.

OMMU also handles issuing licenses to Florida businesses to cultivate, process, and dispense medical marijuana to eligible patients and accrediting marijuana testing labs.

As of March 2019, a bill was passed allowing smokable medical marijuana to be sold in medical marijuana treatment centers to patients with a medical marijuana card.

To determine if medicinal marijuana products are appropriate for you or a loved one, OMMU suggests speaking with a healthcare professional.

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

According to section 21 U.S.C. 802 of the Controlled Substances Act, medical marijuana patients cannot purchase new guns while their medical marijuana card is valid.

Federal statutes, not Florida laws, are the actual cause of this. Potential gun owners must complete an ATF Form 4478 that inquires about candidates’ status as “illegal drug users.”

Since marijuana is still classified as a Schedule I narcotic, almost any way a person consumes marijuana, whether for medical purposes or not, is technically an “illegal user.”

Therefore, potential medical marijuana patients might wish to get a gun license and gun before they acquire a medical marijuana card.

---

---

Florida is attempting to legalize the possession of both a medicinal marijuana license and a firearm.

Two factors make it simpler for Floridians to acquire both: First, it is assumed that buying a gun at a gun show means getting it from a private seller.

This indicates that the transaction can be completed without completing ATF Form 4473.

Although illegal under federal law, it is a means to purchase a firearm without worrying that a 4473 form may prevent medical marijuana users from doing so.

Secondly, the Commissioner of Agriculture and Consumer Services for Florida, Nikki Fried, oversees the state agency that awards Concealed Weapons Licences (CWLs) to locals. She claimed,

“I have both (a concealed weapon license and therapeutic marijuana card).

So I want to make that very clear that I will not be taking anybody’s concealed weapons permit or not renewing them. I see no conflict between the two.”

Can You Take Your Gun to a Dispensary in Florida?

According to Florida Statute 790.053, open carry on foot in a public space is typically prohibited but permitted under certain conditions.

Instances where open carry is allowed, include going to and from such activities as hunting, fishing, camping, gun shows, and target shooting at a range.

Florida is a “shall issue” state, which indicates that the issuing authority (county sheriff, police department, state police, etc.) must provide a permit as long as the applicant meets the basic requirements outlined by state law.

The following locations are off-limits to concealed carry: 

• any police station 
• jail
• courthouse
• polling place
• government meeting location
• airport (within the passenger terminal and sterile area)
• seaport
• tavern 
• any school, except for trained security personnel, armed marshals, and school employees and teachers.

As a dispensary is not on that list,  you can conceal carry your gun in a dispensary, as long as you have a permit.

Can You Consume CBD and Own a Gun in Florida?

Florida allows the use of CBD under specific circumstances. It must adhere to federal regulations, meaning it must be made of hemp and contain no more than 0.3 % THC.

Florida’s medicinal marijuana program, however, enables qualifying individuals with a medical marijuana license to utilize CBD which contains more THC.

You can buy CBD products online or from a store with a state license to meet your needs.

To ensure that your CBD has a suitable THC content, it is advised that you only purchase products that have a Certificate of Analysis (COA).

So long as you consume CBD according to these rules, you won’t have any problems owning a firearm.

Courtroom Drama: Legal Cases Shaping the Cannabis-Gun Debate

Recent court cases have significantly impacted the legal landscape surrounding medical marijuana and gun ownership.

For instance, the case of Wilson v. Lynch challenged the federal government’s stance on medical marijuana users owning firearms.

Another case, Willis v. Winters, set a precedent by allowing medical marijuana users to possess concealed weapons permits.

These cases offer valuable insights into how the law is evolving and being interpreted.

The Tug-of-War: Federal vs. State Laws on Weed and Weapons

The conflict between federal and state laws is critical to this issue. According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), federal law prohibits marijuana users from owning firearms.

This includes medical marijuana users, despite state laws decriminalizing or legalizing medical marijuana.

The BATFE’s 2011 Open Letter provides further guidance to Federal Firearms Licensees (FFLs), stating that they should not sell firearms to known medical marijuana users.

Breaking News: Fresh Updates on Cannabis and Gun Ownership in Florida

Recent developments have brought new perspectives to this issue. For example, a ruling in August 2023 is currently being reviewed that could potentially change the legal status of gun ownership for medical marijuana users in Florida.

Navigating the Maze: Florida’s Unique Laws on Cannabis and Firearms

Florida has its own set of laws and regulations that interact with federal laws.

For example, the state’s new constitutional carry law allows individuals to carry a concealed weapon without a permit.

However, this law does not override federal regulations, creating a complex legal situation for medical marijuana users who wish to exercise this right.

Your Action Plan: Practical Steps for Cannabis Users Eyeing Gun Ownership

If you are a medical marijuana user considering gun ownership, there are several steps you can take.

First, consult with legal experts to understand your rights and responsibilities.

Second, be aware that purchasing a gun from a Federal Firearms Licensee (FFL) will require you to fill out ATF Form 4473, which asks about drug use.

Buying from a private seller at a gun show may not require this form but still carries legal risks.

The People Speak: How Public Opinion is Shaping the Cannabis-Gun Landscape

Public opinion is increasingly leaning towards the decriminalization of marijuana, both for medical and recreational use.

Advocacy groups and public campaigns are also influencing changes in the law, pushing for more lenient regulations concerning medical marijuana and gun ownership.

What’s Next? The Future of Cannabis and Gun Rights in Florida

Given the evolving nature of laws surrounding medical marijuana, it’s essential to stay updated on legislative changes. Check back for updates as the regulations evolve in the Sunshine State!

While You’re Here, Check out our Cannabis Coffee Mugs

---

Enjoyed This Content? Read More:

• Share
• Tweet
• Pin