Florida Medical Marijuana Laws and Gun Permits
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Is it true that you have to give upon to your guns if you want to be a legal medical marijuana card holder?
Well, not exactly, read on to find out why.
What Are The Laws On Gun Permits And Medica Marijuana In Florida?
Before we get into the medical marijuana laws that conflict with gun laws in Florida, we first have to clear the air or some misunderstandings that have come up around this issue.
First we have to address the fact that Florida has NOT passed any laws barring medical marijuana patients from owning guns.
The conflict between medical marijuana laws and gun laws is that cannabis remains to be federally banned.
A pre-existing and unchanging federal prohibition on controlled substances, including marijuana, prohibits the possession or purchase of firearms by anyone who uses those controlled substances, including marijuana.
Plainly stated, this means that if you are going to be a medical marijuana patient and get a legal medical marijuana card, you will not be able to purchase or posses firearms.
Conflict Between Federal And State Law
- There are three federal laws that are in conflict with local state laws that allow for legal possession and purchase of medical marijuana, they are:
- The controlled substances act: cannabis and THC are classified as schedule 1 drugs which means prohibits anyone from producing, possessing, or selling it.
- Title 18, Section 922 of the United States Code: this law states that it is illegal for anyone who uses a controlled substance to buy or posses a fire arm.
- The same law also prohibits the sell or transfer of a gun to anyone who uses a controlled substance.
- Form 4473: The ATF has implemented this form as part of the legal process of purchasing a gun from a gun store.
There are specific questions on the 4473 Form that, if answered honestly, would prohibit a medical marijuana patient from purchasing a gun. The form even has this warning:
“Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”
So if the gun seller knows that you are a medical marijuana patient, they would be in their right to deny selling you a gun.
It has been reported that some police departments in Pennsylvania, Illinois, and Hawaii have taken it upon themselves to enforce federal law over state law by informing medical marijuana patients they must either turn in or dispose of their guns.
The Situation In Florida
Although other states have taken the hard stance of denying medical marijuana patients the right to own a gun, Florida seems to be one of the states where that is not the case for these reasons:
- The gun-show loophole: Although buying from a private dealer does not make it legal under federal law for a marijuana user to own a gun, the transaction can be made without filling out the federal 4473 form.
- The current Florida Agricultural Commissioner, Nikki Fried, has a medical marijuana card and also has a concealed carry permit. Her office has made it clear that they will not deny gun rights to medical marijuana patients. Here is her official statement:
"On concealed weapons licenses and medical marijuana cards, the issue is pretty clear — Florida Statute 790.06 provides a limited list of factors (such as felony arrests, whether the instructor deems the applicant capable, etc.) upon which our Department must approve or deny a concealed weapons license. Therefore, the Department is prohibited from asking questions outside that scope, which would include medical marijuana card possession."
Conclusion
While Florida has changed its stance on Marijuana, the federal government has not.
So it is technically illegal to posses and purchase a gun while having a medical marijuana card, the state of Florida is not actively denying you that right as of now.
Many people have said that current laws force people to choose between their health and their safety.
Luckily if you are a patient in Florida you don’t have to, for now.
