Posted on June 5, 2018

As each day passes, the medical marijuana industry continues to grow. In Florida, more and more people in need of relief are legally obtaining their medical marijuana cards. According to the Florida Division of Licensing, just shy of 2 million people have legally obtained their Concealed Weapons Permit (CWP) and approximately one-third of Floridians own a gun. Because of this, a commonly asked question is, “Can I have a medical marijuana card with a concealed weapons permit?”

To put it simply, the CWP itself is not illegal to have if you’ve obtained a medical marijuana card. The issue comes from buying and owning a gun. It is unlikely that you would have your CWP and not also own a firearm. Although medical marijuana is legal under many state laws, it is still illegal under federal law. Federal law states that any user of illegal drugs CANNOT be in possession of a firearm.

When you go to buy a gun from a licensed dealer, you must fill out the ATF form 4473. On this form, you are asked if you are a user of controlled substances, including marijuana. If you hold a medical marijuana card, you are considered a user. This means that you will not be able to legally obtain a gun. It is highly recommended that you tell the truth on this form. The ATF can easily verify whether or not you hold a medical marijuana card. According to Representative Cord Byrd, this can carry a penalty of up to 10 years in prison.

If you were to purchase a gun from a private individual, you would not have to fill out the ATF form. However, It’s important to note that this is still illegal and highly recommended against.

While medical marijuana is still illegal under federal law, it is unlikely that a federal prosecutor would pursue users with a medical marijuana card. With that being said, if you were to get caught with a gun by a federal officer it is likely that you would be made an example of.

Until federal law dictates that marijuana is not a Schedule 1 drug like heroin and cocaine, you’ll have to choose what’s more important to you. In the state of Florida, you can either own a gun or treat an illness/disorder with medical marijuana.

Get in Touch

If you’re interested in becoming a Marijuana Doctor Patient, book your free consultation today! You can schedule your appointment online, by phone at (787) 224-4005, or stop by one of our Florida locations.