In the state of Florida, there’s been increasing interest around the subject of medical cannabis and its intersection with firearms ownership. With many lawful gun owners also qualifying for medical marijuana cards due to chronic pain, anxiety, or other conditions, questions about the legality of possessing both a medical cannabis card and firearms have arisen. Let’s take a closer look at whether you can own a gun or get a Concealed Carry Weapon (CCW) permit if you have a medical cannabis card in Florida, and whether it conflicts with constitutional rights as a homeowner and gun owner.
Owning Firearms and Having a Medical Cannabis Card in Florida
Florida law permits qualified patients to obtain a medical cannabis card, but things get tricky when it comes to firearms due to federal regulations. Even though medical marijuana is legal in Florida, cannabis remains illegal under federal law, classified as a Schedule I drug under the Controlled Substances Act (CSA). This creates a conflict between federal and state regulations, which has led to limitations for medical cannabis users who also wish to own firearms.
According to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), federal law prohibits anyone who uses or is addicted to any controlled substance from purchasing or owning firearms. This means that if you hold a medical cannabis card in Florida, you are technically ineligible to purchase or possess firearms under federal law, even if you’re a lawful citizen under state law. When purchasing a gun, buyers must fill out ATF Form 4473, which asks if the applicant is an unlawful user of marijuana or any controlled substance. Since cannabis is illegal under federal law, answering “yes” can lead to a denial of the firearm purchase.
Source: Bureau of Alcohol, Tobacco, Firearms, and Explosives
Can You Get a CCW Permit with a Medical Cannabis Card?
A Concealed Carry Weapon (CCW) permit allows lawful gun owners to carry concealed firearms in public. In Florida, obtaining a CCW permit involves passing a background check, firearm safety courses, and other legal requirements. However, just like with gun ownership, federal law complicates things for medical cannabis users.
While Florida law does not explicitly prohibit medical cannabis patients from applying for a CCW permit, federal law does. The ATF considers cannabis users to be “prohibited persons,” and therefore ineligible to carry a firearm, concealed or otherwise. In practice, this means that even if you’re legally carrying a medical cannabis card in Florida, the federal restrictions still apply, which can prevent you from obtaining a CCW permit without potentially violating federal law.
Source: Florida Department of Agriculture and Consumer Services
Is It Unconstitutional to Hold a Cannabis Card and Own Firearms as a Homeowner?
Many lawful gun owners and medical cannabis patients argue that preventing them from owning both firearms and a medical cannabis card is an infringement on their Second Amendment rights. The Second Amendment of the U.S. Constitution grants citizens the right to “keep and bear arms.” However, the conflict between federal firearm regulations and state cannabis laws places cannabis users in a gray area, especially when they are homeowners or responsible gun owners who pose no threat to public safety.
As of now, courts have upheld the federal restrictions, ruling that marijuana users, even in states where it’s legal, can be restricted from owning firearms. One such ruling occurred in Wilson v. Lynch (2016), where the Ninth Circuit Court of Appeals upheld the federal ban on firearm sales to cannabis users, stating it does not violate the Second Amendment.
Thus, under current laws, holding a medical cannabis card while possessing firearms, even as a responsible homeowner, is not considered unconstitutional. Instead, it’s viewed as an enforcement of federal law that supersedes state law on this issue.
Source: Wilson v. Lynch
The Future of Cannabis and Firearm Ownership
There have been ongoing debates and legal challenges seeking to clarify or resolve the contradictions between federal and state laws. Advocacy groups continue to push for reforms that would protect the rights of medical cannabis users who wish to legally possess firearms. Until federal laws change, however, the reality remains that medical cannabis users in Florida and other states must navigate a complex and often contradictory legal landscape when it comes to gun ownership.
Conclusion
While Florida law allows the possession and use of medical cannabis, federal law creates significant obstacles for those who wish to own firearms or obtain a CCW permit. Until there’s a shift in federal regulations or a new legal precedent, medical cannabis users must be cautious when it comes to purchasing or owning firearms, as they are technically violating federal law. For those who are both homeowners and lawful gun owners, it’s a challenging balancing act between state and federal guidelines.
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