Can I Obtain a Medical Marijuana Card If I Have a Concealed Carry Permit?

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With most states joining the marijuana legalization bandwagon, some Americans are cringing at the idea of having 21-year-old “kids” smoking pot with guns on their laps. But this is not the first time this concern has surfaced. Lawmakers have been arguing about guns and marijuana since day one. And this uncertainty has trickled down to dispensary owners. So, it’s not uncommon to be turned down in reputable dispensaries such as the Cannaseur Pueblo West for walking in with a concealed weapon.

What the Law Says About Medical Marijuana

While most states have allowed recreational and medical marijuana use, cannabis remains a schedule 1 drug at the federal level. That places it firmly alongside harder narcotics like Heroin, LSD, and MDMA. The law further describes them as drugs with potential for abuse, that offer little to no medicinal value. 

Of course, marijuana supporters have been fighting for its reclassification. But that has only resulted in the removal of industrial hemp from the cannabis corner. However, as more people continue to invest in dispensaries, ganja farms, and the value addition process, the future of cannabis has never been brighter.

What Does the Law Say About Medical Marijuana and Guns?

People looking to buy guns from legal sellers must complete a Firearm Transaction Record (FTR). This form comes straight from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). And it specifically asks if you use any controlled substances. It goes ahead to clarify that marijuana is still illegal at the federal level, regardless of your state laws. And lying about this tiny detail could land you 10 years in jail.

After the marijuana debate resurfaced in 2011, the AFT confirmed its stance on guns and marijuana with an open letter to all firearm dealers. It said that anyone suspected of substance abuse should not access firearms or ammunition. And that applies to the entire nation.

To clarify, the ATF is quite clear that they do not allow marijuana users to operate firearms. Anyone caught doing this risks jail time, hefty fines, or both. So you might want to be careful with guns.

Has Anyone Tried to Fight the ATF on This?

S. Rowan Wilson decided it was time to exercise her second amendment right by own a gun for self-defense. This happened shortly after the ATF released their open letter. So, the firearm dealer turned her down, which was the right thing to do. The trader knew the client had a medical marijuana card and asked the client to kindly back down. However, Wilson was unhappy about this decision and decided to sue the business.

In this case, the client sighted that her right to owning a firearm was violated. But the case was dismissed almost immediately. She persisted, and the suit eventually reached the U.S Court of Appeals after two failed attempts. However, judge Gloria Navarro ruled that the denial of firearms to medical marijuana patients was not in violation of the second amendment.

Are There Loopholes Worth Exploring?

The ruling in the above example does not mean gun ownership for cannabis cardholders is closed forever. Some states view this issue differently, meaning you can have the best of both worlds if you’re a law-abiding citizen. For example, states like Georgia and Peach do not require intensive background checks when purchasing a firearm. That means you can get away with buying a rifle while on an MMJ license.

Still, there are a bunch of states that allow gun shows. These events often have hundreds of people looking to offload guns, and they don’t require a background check. Many guns change hands during these gatherings, and most states don’t seem too concerned about this. 

Do You Need A Drug Test to Get a Firearm License?

Most states don’t require drug tests when applying for your CCW, but they will look up your records to see if you’ve ever had issues with substance abuse. 

Still, there’s a chance your firearm dealer may request this drug test. And that depends on their work policy and the laws of the state. However, you would certainly fail, even if you smoked a joint one week before this test. 

Ultimately, the law might require everyone to do a drug test periodically before buying firearms or ammunition from a registered dealer. But that day is yet to come. Until then, only a tiny group of lucky people can own a gun and cannabis license at the same time.

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