Can medical marijuana users possess firearms?

This article was originally published on the Marijuana Patients Organization site on October 19, 2013.

In Michigan, like all states with cannabis laws, the Michigan Medical Marihuana Act (MMMA) allows a certain class of individuals to use marihuana for medical purposes. However, the act only provides for a defense to state prosecution for the possession and use of marihuana under state law.

Federal law prevents an unlawful user of marihuana, or someone addicted to it, from acquiring a firearm. A person is considered an unlawful user if they have engaged in regular use over a period of time proximate to the possession of the firearm. Additionally, when purchasing a firearm, buyers must fill out a federal form and answer the question:

“Are you an unlawful user of, or addicted to, marihuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?”

The issue becomes complicated because both state and federal law govern the status of marihuana as an unlawful drug. Medical marihuana users may risk federal prosecution for making false statements on forms required by ATF for the purchase of a firearm.

Medical marihuana users currently possessing a firearm, or wishing to in the future, should consult with an experienced attorney to help them sort through the federal and state laws that govern both marihuana and firearms.

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6 comments

  1. Thank you Neil for your information about the law and I truly enjoy reading it and feeler safer with your advice than without it. What do you think about driving with marijuana. Since we have SUV’s in the family we do not have a trunk and when we leave the dispensary I just place my packages that are plastic sealed together by the dispensary in the 3 rd row. Basically very far from me. Is this ok. Never have other people in the car with me. Just want to be safe and thanks again Neil for educating patients.
    Kate

  2. I didnt need a gun until i became a legal patient and had to protect myself from the police. Its scary out there

  3. The prohibition of cannabis is a crime against humanity. The second amendment does nt say unless you self medicate with marijuana. This is a ruse….do you loose your gun rights when you use pharmaceutical drugs? No.

  4. But if you have a vitamin drop while driving you loose your driver license & concealed weapons even if you do not have illegal drugs in your systems. because those 2 things are a privilege not a right.

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