Gun Rights for Medical Cannabis Patients in Missouri
Table of Contents
Governor Jay Nixon signed into law HB 2238 (the Missouri Medical Marijuana Bill) in July 2014, which legalized CBD oil for treating recurrent seizures.
The law permitted the Department of Agriculture to cultivate industrial hemp for research reasons and enabled the use of hemp extract to treat certain cases of epilepsy.
To be eligible, a neurologist must conclude that the patient’s epilepsy has not improved after trying at least three different treatments.
The law defined a hemp extract as a cannabis preparation that includes at least 5% CBD and no more than 0.3% THC.
Two state-regulated “cannabidiol oil care centers” received permits from the state in February 2015 to cultivate cannabis and extract the oil, and started providing services to patients in 2016.
With 66% of the vote, Missouri voters overwhelmingly approved AmendmentIn cannabis cultivation, amendments refer to additional mate... 2 in November 2018 which authorized a comprehensive medicinal cannabis framework and legalized cannabis for medicinal use.
There are a number of qualifying conditions listed, but the legislation permits doctors to prescribe cannabis for any “chronic, debilitating, or other medical condition” for which a doctor believes the patient will benefit from the use of cannabis.
As part of the legislation, medicinal marijuana sales are also subject to a 4% tax rate. The money raised goes to veterans’ benefits programs such as housing, job training, healthcare, and other benefits.
If the physician believes it can be treated by medical marijuana, even though there is a list of specific conditions that must be present for the patient to qualify for a medical marijuana card.
Missouri’s Department of Health and Senior Services (DHSS) is responsible for establishing The Medical Marijuana Regulatory Program (MMRP), which ensures that medicinal marijuana is available and accessible.
Does Having a Medical Cannabis Card Mean Not Being Eligible for a Gun License in Missouri?
Holders of valid medical marijuana cards are not permitted by federal law to acquire or possess firearms. According to the federal Gun Control Act (GCA) of 1968, no “unlawful user” of a restricted drug — such as marijuana — shall be permitted to buy or possess weapons.
According to the Controlled Substances Act (CSA) of 1970, the Bureau of Alcohol, Tobacco, and Firearms (ATF) continues to believe that medicinal cannabis is an illegal narcotic and anyone who has a medicinal marijuana card is considered ineligible to buy or possess a weapon.
Gun ownership is not mentioned nor forbidden in Article XIV of the Missouri Constitution, which permits the use of marijuana for medicinal purposes in Missouri. When you apply for a medical marijuana card in Missouri, the DHSS won’t inquire about your gun ownership status.
However, Missouri law enforcement agencies are given limited access to a database for legal Missouri medical marijuana cardholders to prove their right to possess medical marijuana. No organization can ask for your whole patient file to cross-reference information and look into your gun ownership.
To better safeguard these rights, the Missouri House of Representatives enacted the Second Amendment Preservation Act or Missouri House Bill 85 & 310 in May 2021, which became law on June 12, 2021, with the signature of Governor Mike Parson.
It does not address cannabis usage directly, but it does place restrictions on Missouri’s ability to enforce federal firearms prohibitions against its ‘law-abiding residents.’
It can be argued that the bill’s wording claims that medical marijuana cardholders in Missouri should be permitted to lawfully possess firearms since they are law-abiding individuals.
This legislation forbids Missouri’s law enforcement officials from implementing federal regulations that limit Missourians’ ability to own firearms beyond the scope of state laws.
Harsh sanctions are included in the bill to deter law enforcement personnel or organizations from violating the rights of citizens.
Despite the aforementioned rule, a federal gun dealer is still entitled to refuse your request to purchase a gun if you possess a Missouri medicinal marijuana certificate, per federal law.
When purchasing a handgun from a private individual, no license, background check, or registration of guns is necessary.
In summary, Missourian medical marijuana patients’ rights to own a gun are preserved, and you will not be forced to surrender your weapons.
You won’t be asked if you possess a gun when you apply for your medicinal marijuana license, either.
However, as cannabis is still regarded as a Schedule 1 substance, you will not be allowed to buy any weapons from a federally licensed gun dealer, and you will only be able to buy weapons from those dealers after the federal government legalizes cannabis.
Can You Take Your Gun to a Dispensary in Missouri?
Missouri is a shall-issue state and allows permitless carry. County sheriffs, however, are responsible for issuing permits locally for reciprocity reasons.
Missouri does not require a Concealed Carry Permit (CCP) for those who are 19 years old or older and legally allowed to own a firearm.
Local authorities, however, may restrict concealed carry in any building they own, lease, or govern and in some areas, gun owners may even need a CCP for open carry.
Missouri law does not expressly say that a permit is not required to carry a weapon. The term “unlawful use of a weapon” was modified to solely refer to situations in which a person brings a weapon into an area that is prohibited under Missouri law.
You must be at least 19 years old (18 for military personnel or those who have been honorably discharged) and have successfully completed a firearms training course in order to receive a Missouri CCP. An application must be submitted in the county where you currently reside.
Certain places are still off-limits to anyone carrying a gun, even with a Missouri CCP. These include:
- Any higher-education institution or elementary- or secondary-school facility, without the consent of the governing body of the school (excluding University of Missouri System employees who may bring guns to campus, but cannot fire them, per a Western District Court of Appeals ruling on February 2, 2021)
- Any portion of a building used as a child-care facility
- Law enforcement agency facilities
- Within 25 feet of any polling place on any election day
- Any adult or juvenile detention or correctional institution, prison, or jail
- Any courthouse solely occupied by the circuit, appellate or supreme court, or any courtrooms, administrative offices, libraries, or other rooms of any such court
- Any meeting of the governing body of a unit of local government
- Any meeting of the General Assembly or a committee of the General Assembly
- Any establishment licensed to sell alcoholic beverages for consumption on the premises, without the consent of the owner or manager
- Any area of an airport to which access is controlled by the inspection of persons and property
- Any building or portion of a building owned, leased, or controlled by some counties or municipalities with signs posted at the entrance to the restricted area
- Any riverboat gambling operation accessible by the public
- Any gated area of an amusement park
- Any church or other place of religious worship without the consent of the minister or person representing the religious organization that exercises control over the place of religious worship (except in a vehicle in the parking lot)
- Any private property whose owner has posted the premises as being off-limits to concealed firearms
- Any sports arena or stadium with a seating capacity of 5,000 or more
- Any hospital accessible by the public
- Any public passenger bus
- Any metro train
- Any place where the carrying of firearms is prohibited by federal law
You can open or conceal carry your gun in a dispensary in Missouri, unless the owner has a posted sign stating otherwise.
Can You Consume CBD and Own a Gun in Missouri?
Missouri has always had lax CBD regulations, and the state legalized CBD for use even before the 2018 Farm Bill became law.
The state enacted HB 2238 in 2014, making CBD available to people with epilepsy under specific conditions. In June 2018, the state formally delisted hemp from its list of controlled drugs by signing HB 2034 into law.
Although it doesn’t specify CBD specifically, HB 2034 defines “hemp” as the plant and all of its products, including cannabinoids and extracts with less than 0.3% THC, as lawful in the state.
To achieve this, CBD products purchased must be made from hemp. Marijuana-derived CBD products typically contain at least 0.5% THC and won’t go below 0.3%.
So, it is perfectly legal to consume hemp-derived CBD in Missouri, even if you own a gun.
Get Your Missouri Medical Cannabis Card in Minutes
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