If You Use Medical Marijuana in Florida, You Can't Buy a Gun. Here's Why.
It has come to our attention that many patients who are looking to purchase a firearm, or hold special firearm licenses such as Concealed Carry Weapon (CCW) Permits are deeply concerned about the possible infringement of their constitutional right to bear arms as a licensed medical marijuana patient here in the State of Florida. Unfortunately the truth is not something any of us want to hear. Medical Marijuana patients under Federal Law are prohibited from purchasing new firearms during the duration of the term of their medical marijuana card. The reason for this are in fact federal laws not Florida laws. Prospective gun owners are required to fill out an ATF Form 4478 which can be found in the article below for your review. It asks applicants if they are an "unlawful user" of illicit drugs. Since marijuana is still a Schedule I drug, under 21 U.S.C. 802 virtually any method of consuming marijuana, medical or not, classifies that individual as an 'unlawful user'.
When that section comes up in the ATF Form 4478 an answer of yes prohibits you from purchasing a firearm and maintaining ownership of a firearm. This unfortunately is the law of the land at this time as federal law supersedes state law. So to prospective patients, if you want to purchase a firearm you may want to do it before you become a patient. To prospective CCW License Holders or current CCW License Holders. We encourage you to do what we did and fill out the Concealed Weapon or Firearm License Preliminary Determination questionnaire. It contains 30 questions and when you are done it lists each question that you answered which would cause you to be denied from receiving a CCW.
To current patients who are currently owning a firearm, do not panic. Although it is not legal under federal law to own a firearm as a medical marijuana patient you will likely have nothing to worry about. In the article below an Alcohol,Tobacco, and Firearms (ATF) agent is interviewed about the subject and notes specifically that it ultimately comes down to enforcement. At this time the federal government is not really enforcing these laws. The ATF at this time appears to be primarily concerned with violent use of firearms. Please be aware that this may change in the future and you should comply with the law for the sake of maintaining your access to your medicine to treat your ailment until you are better or cured. Additionally, this goes without saying but continue to be responsible with your firearms.
We at Florida For Care will continue to fight on behalf of medical marijuana patients and we have heard your concerns on this issue. We will be taking action during the next legislative sessions to attempt to address these issues with the Florida Legislature. If you have suggestions on this matter we strongly encourage you to share them with us at [email protected] We are in this together Florida, we are a team, and together we will do what is right for patients deserving all options for their medical care.
Finally, if you are a concerned patient please please please call your legislators in the Federal House of Representatives and the Federal Senate Seats to make sure they press this issue in their next legislative session. Links to find your Congresspersons and Senators have been provided below.
*** Update ***
It has come to our attention from some patients and supporters whether or not there is any reason to worry that Florida law enforcement officials will actively enforce the aforementioned federal laws referred to in this blog post. The Commissioner of Agriculture Nikki Fried has made her stance on this issue very clear in the article below. Under her watch there will be no directive by the Florida Department of Agriculture to seize firearms from medical marijuana patients acting lawfully in the state. For those of you that do not know since the name of the agency is deceiving, The Florida Department of Agriculture is the agency that handles matters related to firearm access in the State of Florida,i permits and licenses for firearm use. If you have further concerns please feel free to email us or contact the Florida Department of Agriculture as shown below.
https://www.freshfromflorida.com/#Energy or 1-800-HELP-FLA (1-800-435-7352)
Disclaimer: Please understand. This is not legal advice or legal guidance in any shape, way, or form on how to purchase a firearm as a Medical Marijuana Patient in any state, county, or municipality and it is not our intent under any circumstance with this blog post to provide legal advice or guidance. This blog post is solely intended to provide information to those with questions on this subject and to address the concerns of patients and supporters who have been emailing us. Thank you.