For Iowa residents dealing with chronic pain, seizures, or other debilitating conditions, medical cannabis can be an important part of managing their health. Iowa’s Medical Cannabidiol Program provides legal access to low-THC cannabis products for qualifying patients. However, for those in the state who also wish to exercise their Second Amendment rights, the question often arises: “Can I own a gun if I have a medical marijuana card in Iowa?”
This is a complex question that touches on both state and federal law. While Iowa allows certain patients to legally use medical cannabis, federal law still classifies cannabis as a Schedule I controlled substance. As a result, there are legal barriers that can make gun ownership challenging for medical marijuana patients. In this article, we’ll unpack the legal landscape, explore the potential risks, and help you understand your rights as a medical cannabis patient in Iowa.
The Legal Landscape: Federal vs. State Law
To fully understand the issue, it’s important to clarify the difference between federal and state laws regarding cannabis and firearms. While Iowa has taken steps to allow the use of medical cannabis, federal laws governing firearms remain unchanged and create significant complications for medical marijuana patients who want to own or buy guns.
Federal Law: The Gun Control Act of 1968
At the federal level, the Gun Control Act of 1968 is the key piece of legislation that regulates who can and cannot own firearms. According to this law, anyone who is an “unlawful user of or addicted to any controlled substance” is prohibited from possessing or purchasing a firearm. Since marijuana is classified as a Schedule I controlled substance under the Controlled Substances Act, this restriction applies to all cannabis users, regardless of whether they are using it for medical purposes or in a state where it is legal.
When purchasing a firearm from a licensed dealer, individuals are required to complete ATF Form 4473. This form includes a question that asks whether the applicant is an unlawful user of marijuana or any other controlled substance. Even if you are using medical cannabis legally under Iowa state law, you are still considered an “unlawful user” under federal law. Answering “yes” will result in a denial of the firearm purchase. Answering “no” while holding a medical marijuana card could be considered perjury, a federal offense.
Iowa Law: Medical Cannabis and Firearm Ownership
Iowa’s Medical Cannabidiol Program was established in 2014 and allows patients with qualifying conditions to use low-THC cannabis products. However, Iowa law does not directly address the issue of firearm ownership for medical cannabis patients. The state does not have specific statutes preventing medical marijuana users from owning guns. However, because gun ownership is primarily regulated at the federal level, federal laws still take precedence.
What Does This Mean for Medical Marijuana Patients in Iowa?
Practically speaking, if you are a medical marijuana patient in Iowa and want to own or purchase a firearm, you face significant legal challenges due to federal law. While Iowa law does not explicitly prevent you from owning a gun, federal law does. This means that as long as cannabis remains a controlled substance under federal law, you are technically barred from purchasing or owning firearms, even if you comply with Iowa’s medical marijuana laws.
Can You Be Denied a Gun License or Ownership for Medical Cannabis Use?
Yes. If you attempt to purchase a firearm from a licensed dealer, the federal background check system will likely flag you as ineligible if you admit to using cannabis, even for medical reasons. The ATF has made it clear that cannabis use, regardless of state laws, disqualifies individuals from purchasing firearms under federal regulations.
Even if you already own firearms, your status as a medical marijuana patient could pose legal risks. While there may not be active federal enforcement targeting individual medical marijuana users, the risk still exists. Federal law prohibits any person who uses cannabis from possessing firearms, and violations can result in criminal charges and the loss of gun rights.
Legal Risks of Medical Marijuana and Gun Ownership
The primary legal risk for Iowa medical marijuana patients who own firearms comes from the conflict between state and federal law. While Iowa allows for the limited use of medical cannabis, federal law considers all forms of cannabis use illegal. This means that if federal authorities were to enforce existing laws, medical marijuana patients who own firearms could face serious legal consequences, including:
- Criminal Charges: Being charged under federal law for unlawfully possessing a firearm as a cannabis user.
- Loss of Firearm Rights: Losing the legal right to own or possess firearms in the future.
- Perjury Charges: If you lie on ATF Form 4473 to purchase a firearm, you could face perjury charges.
It’s important to note that, as of now, there has been no widespread federal enforcement targeting individual medical marijuana patients for gun ownership. However, the legal risk remains, and patients should be aware of the potential consequences.
Possible Changes to the Law
The legal landscape surrounding cannabis and firearms is evolving, and there are ongoing efforts to change federal cannabis laws. Some lawmakers have introduced bills aimed at rescheduling or decriminalizing marijuana at the federal level, which could resolve the conflict between state medical marijuana programs and federal gun laws.
Additionally, some states have attempted to pass laws that specifically protect medical marijuana patients’ rights to own firearms. However, due to the supremacy of federal law, these efforts have had limited success. Until federal law changes, medical marijuana patients will continue to face challenges when it comes to firearm ownership.
What Should You Do if You’re a Medical Marijuana Patient in Iowa and Want to Own a Gun?
If you are a medical marijuana patient in Iowa and are concerned about your ability to own a firearm, there are a few steps you can take:
- Consult with a Lawyer: It’s always a good idea to consult with an attorney who specializes in cannabis or firearms law. They can help you navigate the legal landscape and understand the risks involved in owning a firearm as a medical marijuana patient.
- Stay Informed: Keep up to date with any changes in both state and federal laws. The legal landscape surrounding cannabis and firearms is constantly evolving, and new rulings or legislative changes could impact your rights.
- Weigh the Risks: If owning a firearm is important to you, you may need to weigh the benefits of medical cannabis against the potential legal risks. Some patients may choose to explore alternative treatments for their conditions that do not conflict with federal law.
Real-Life Example: The Story of a Patient in Iowa
Consider the story of Sarah, a 45-year-old Iowa resident who was diagnosed with multiple sclerosis (MS). After struggling with traditional medications, Sarah found significant relief through Iowa’s Medical Cannabidiol Program, which allowed her to use low-THC cannabis products to manage her symptoms. However, as an avid gun enthusiast, Sarah was concerned about her ability to keep her firearms while using medical cannabis.
After consulting with a lawyer, Sarah learned that while Iowa law did not explicitly prevent her from owning a gun, federal law prohibited her from possessing a firearm as a cannabis user. After weighing her options, Sarah decided to give up her medical marijuana card in order to keep her firearms. Although it was a tough decision, Sarah felt it was the best choice given the current legal environment.
Conclusion
The question of whether you can own a gun if you have a medical marijuana card in Iowa is a complicated one. While Iowa state law allows for the use of medical cannabis, federal law still prohibits cannabis users from owning firearms. This creates a significant legal conflict that medical marijuana patients in Iowa must navigate carefully.
Until federal laws change, medical marijuana patients in Iowa who wish to own firearms should be aware of the legal risks and consider consulting with a lawyer to better understand their rights. While the situation may be frustrating for those who rely on medical cannabis for their health, staying informed and making careful decisions is the best way to protect yourself in this legal gray area.
Frequently Asked Questions (FAQs)
1. Can I legally buy a gun in Iowa if I have a medical marijuana card?
No. Under federal law, cannabis users, including those with medical marijuana cards, are prohibited from purchasing firearms.
2. Can I be arrested for owning a gun and using medical marijuana?
While federal enforcement is rare, owning a firearm while using cannabis is technically illegal under federal law, and you could face legal consequences.
3. Will I lose my firearms if I get a medical marijuana card in Iowa?
There is no automatic process for confiscating firearms from medical marijuana patients, but owning both a gun and using cannabis violates federal law, which carries legal risks.
4. Are there any efforts to change the law regarding cannabis and gun ownership?
Yes, there are ongoing efforts at the federal level to reform cannabis laws, but as of now, no significant changes have been made to resolve the conflict between federal gun laws and state medical marijuana programs.
