Medical Marijuana Could Mean Trouble for Gun Owners
I’ve written before about medical marijuana (MMJ) and its use by those with MS. I’ve also written about how MS affects gun ownership. This column is about both MMJ and guns.
Thirty-one states, plus the District of Columbia, Puerto Rico, and Guam have legalized the use of marijuana for medical use. From everything I’ve read by people with MS and healthcare professionals, medical marijuana can help alleviate our pain and reduce our spasticity. I’d guess that the number of people who use MMJ, and who carry MMJ registration cards, is significant and will keep growing. But if you’re one of those card-carrying MMJ users and you’re also a gun owner, you potentially have a problem.
States may say yes, but the feds say no
The problem is this: The medical marijuana laws are state laws. Possession of marijuana is still illegal under federal law.
In 2011, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) made that very clear in an open letter addressed “To All Firearms Licensees.” In it, the ATF leaves no doubt that it views the simultaneous possession of a gun and marijuana as a crime, even if you’re using marijuana medically and are a registered MMJ user in your state.
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In January 2017, the ATF went a step further by revising its Form 4473. That’s the form you need to complete when you buy a gun from a dealer. The revision adds a warning to Question 11.e, the question that asks you whether you use an illegal drug. It now reads (emphasis in the original text):
Your MMJ card could be a ‘smoking gun’
“[U]sing a controlled substance is a prohibitor [to gun possession], similar to being convicted of a felony offense. If you hold a license to use marijuana for medical use, there’s no exception for that prohibition under federal law.”
“If you possess a medical marijuana card, it’s presumed that you’re a user,” she added. “You might even say it would constitute a smoking gun. So you cannot possess, you can’t transfer, you can’t ship firearms or ammunition if you hold that [medical marijuana] license.”
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Comments
Annette Clifford
For years I was prescribed morphine and methadone concurrently. These are, by definition, controlled substances. They are prescribed for pain. I understand the difference between those medications and marijauna; but from experience I can tell you that marijauna for pain relief does not inhibit the user in remotely the same manner.
A.M.Y.
My minor dependant teen is starting treatment with MMJ. My question is this: what if you have a Caregiver card, not a user yourself? The question does specifically ask if you are a user or addicted to... I am neither, but I absolutely support this naturalistic and MUCH LESS TOXIC treatment for many illnesses. I also wholeheartedly support my constitutional right to bear arms; anybody wants my gun, they'll have to pry it from my cold, dead fingers. Period.
Mario
Yep, I said no when asked by my Neurologist if I wanted a “green card”, my main MS issue is back pain, for which I am rx’d norco and opana, I also engage in target shooting. Did not want to lose my rights to a sport I love.
Anya
So even if my mm licesene is expired, I can not own a gun? If so how do I go about undoing my medical card? If that makes sense
TM
"If you possess a medical marijuana card, it’s presumed that you’re a user."
They're relying on a presumption, Anya. That your license is expired (especially if long-expired) would rebut that presumption.
Olivia Patriciaert
Yes, medical marijuana use could potentially create complications for gun owners in certain jurisdictions. Federal law in the United States classifies marijuana as a Schedule I controlled substance, which means it is illegal under federal law regardless of its medicinal use. On the other hand, many states have passed laws allowing the use of medical marijuana.
The conflict arises because federal law prohibits anyone who uses or is addicted to a controlled substance from possessing firearms or ammunition. Therefore, even if someone has a valid medical marijuana card and is legally using it in their state, they could still be in violation of federal law when it comes to gun ownership.
This creates a dilemma for individuals who rely on medical marijuana for treatment and also own firearms. They face the risk of losing their right to possess firearms if they use medical marijuana, as they may be seen as violating federal law.
It's important to note that this answer is based on the current state of the law in the United States as of my knowledge cutoff in September 2021. Laws and regulations regarding marijuana and gun ownership can vary, so it's advisable for individuals to consult with legal professionals or relevant authorities to understand the specific implications in their jurisdiction.
https://mymmjdoctor.com/
Ed Tobias
Hi Olivia -
Thanks for all of that information. I think much of it mirrors what I wrote in this column, which was written about four years ago. Obviously, this federal/state conflict is something that needs to be resolved. We seem to be moving in that direction, but we ain't there yet.
Ed