If you’re a Michigan resident who uses medical marijuana, you may be wondering how your status as a patient affects your right to own a firearm. Michigan has a well-established Medical Marijuana Program, but the intersection between medical cannabis and gun ownership is a gray area due to conflicts between state and federal law.
In this article, we’ll explore whether you can legally own or purchase a gun if you have a medical marijuana card in Michigan. We’ll break down the relevant laws, highlight the federal-state conflict, and provide practical advice for navigating this complex issue. Whether you’re new to medical marijuana or a long-time patient, you’ll leave this article with a clear understanding of your rights and options.
The Federal vs. State Law Conflict
The key issue with gun ownership and medical marijuana use stems from the conflict between federal and state laws. Michigan legalized medical marijuana in 2008 through the Michigan Medical Marihuana Act (MMMA), allowing patients with qualifying conditions to use cannabis for therapeutic purposes. However, federal law still classifies marijuana as a Schedule I controlled substance, which complicates things for gun owners.
Federal Law: The Gun Control Act of 1968
At the federal level, the Gun Control Act of 1968 prohibits certain individuals from purchasing or possessing firearms. One of the categories of individuals who are barred from owning a gun includes anyone who is an “unlawful user of or addicted to any controlled substance,” as defined by federal law.
Since marijuana remains illegal under federal law, even if it’s legal for medical purposes under Michigan law, medical marijuana users are still considered “unlawful users” by the federal government. This becomes a critical issue when purchasing a firearm.
When you attempt to buy a gun from a licensed dealer, you are required to fill out ATF Form 4473, which includes a question about whether you are an unlawful user of controlled substances, including marijuana. If you answer “yes,” your purchase will be denied. If you lie and answer “no,” you could face federal charges for perjury, which is punishable by fines and even imprisonment.
Michigan Law: Medical Marijuana and Gun Ownership
Michigan’s medical marijuana laws do not address firearm ownership directly. The state does not actively prevent medical marijuana patients from owning firearms. However, since gun purchases are subject to federal background checks and regulations, Michigan residents who use medical marijuana may face challenges when attempting to buy a gun.
In essence, although Michigan law allows for the legal use of medical marijuana, it does not protect patients from the federal restrictions that prohibit marijuana users from owning or purchasing firearms.
Impact on Medical Marijuana Patients in Michigan
If you’re a medical marijuana patient in Michigan, here’s how the conflict between federal and state law affects your ability to own or purchase firearms:
- Owning Firearms: Michigan does not have laws that explicitly prevent medical marijuana patients from owning firearms. However, federal law prohibits anyone who uses marijuana from owning or possessing firearms.
- Purchasing Firearms: If you attempt to purchase a gun from a federally licensed dealer, you will be required to complete ATF Form 4473, which asks about your marijuana use. Admitting to using marijuana (even medically) will lead to a denial of your purchase.
- Legal Risks: While federal enforcement of these laws has been rare, it is still possible for medical marijuana patients who own firearms to face legal consequences under federal law.
Can You Be Denied a Gun Purchase for Having a Medical Marijuana Card?
Yes. Under federal law, medical marijuana users are prohibited from purchasing firearms. If you attempt to buy a gun from a licensed dealer, you will be asked about your drug use on ATF Form 4473. If you answer truthfully and admit to using medical marijuana, your purchase will be denied. Lying on the form is a federal offense and could result in serious legal consequences.
Legal Risks of Owning a Gun and Using Medical Marijuana
The primary legal risks for medical marijuana patients in Michigan stem from the conflict between federal and state law. While Michigan law does not explicitly prevent gun ownership for medical marijuana patients, federal law does. Here are the main legal risks to be aware of:
- Federal Enforcement: Although federal enforcement of this law has been rare, it is still possible for medical marijuana patients who own firearms to face federal charges for unlawful possession of a firearm.
- Perjury Charges: If you lie on ATF Form 4473 when purchasing a firearm, you can be charged with perjury, which is a serious federal crime that could result in fines, imprisonment, or both.
- Loss of Gun Rights: Violating federal firearms laws could lead to the permanent loss of your right to own or possess firearms in the future.
While many medical marijuana patients in Michigan have not faced federal action, it’s important to be aware of the legal risks involved with owning firearms as a cannabis user.
Possible Changes in Cannabis and Gun Laws
The legal landscape surrounding cannabis and firearms is evolving. There have been ongoing efforts at the federal level to reform cannabis laws, including proposals to decriminalize or reschedule marijuana. If marijuana were to be rescheduled or removed from the federal list of controlled substances, the conflict between state medical marijuana programs and federal firearm regulations could be resolved.
For instance, if marijuana were no longer classified as a Schedule I controlled substance, it would no longer fall under the restrictions imposed by the Gun Control Act of 1968. This would allow medical marijuana patients to own and purchase firearms without violating federal law.
However, until there are significant changes in federal law, medical marijuana patients in Michigan will continue to face legal challenges when it comes to gun ownership.
What Should You Do if You’re a Medical Marijuana Patient in Michigan and Want to Own a Gun?
If you are a medical marijuana patient in Michigan and want to own or purchase a firearm, it’s important to be aware of the legal risks and take steps to protect yourself. Here are some recommendations:
- Consult a Lawyer: A lawyer who specializes in cannabis or firearms law can provide you with advice about your specific situation and help you understand your legal risks.
- Stay Informed: Keep up to date on any changes in both state and federal laws that could impact your rights as a medical marijuana patient and gun owner. The legal landscape is constantly shifting.
- Weigh the Risks: If owning a firearm is important to you, consider the legal risks of using medical marijuana. Some patients may choose to explore alternative treatments that do not conflict with federal law.
Real-Life Example: A Michigan Patient’s Story
Consider the story of Sarah, a 35-year-old resident of Grand Rapids who suffers from multiple sclerosis. After years of trying various treatments, Sarah found relief through Michigan’s Medical Marijuana Program. She obtained her medical marijuana card and has been using cannabis to manage her symptoms successfully.
However, Sarah is also a recreational hunter and gun owner. Concerned about the legal implications of using medical marijuana and owning firearms, she reached out to a cannabis attorney for guidance. The attorney explained that while Michigan law does not prohibit her from owning guns, federal law still considers her an unlawful user of a controlled substance, which means she could face legal risks.
After weighing her options, Sarah decided to continue using medical marijuana and kept her existing firearms but chose not to purchase any new guns to avoid complications with federal law. She remains hopeful that future changes in federal marijuana laws will resolve the conflict and allow her to fully exercise her rights as both a medical marijuana patient and gun owner.
Conclusion
The question of whether you can own a gun if you have a medical marijuana card in Michigan is complicated by the ongoing conflict between state and federal law. While Michigan allows medical marijuana use and does not explicitly prevent patients from owning firearms, federal law still prohibits marijuana users from purchasing or possessing guns.
Until federal cannabis laws change, Michigan medical marijuana patients who wish to own or purchase firearms must navigate this legal gray area carefully. Consulting with a lawyer, staying informed about legal changes, and making thoughtful decisions are the best ways to protect yourself and your rights as a medical marijuana patient and potential gun owner.
Frequently Asked Questions (FAQs)
1. Can I legally buy a gun in Michigan if I have a medical marijuana card?
No. Although Michigan allows medical marijuana use, federal law prohibits individuals who use marijuana from purchasing firearms, even if marijuana is legal under state law.
2. Will I lose my firearms if I get a medical marijuana card in Michigan?
Michigan law does not require you to surrender your firearms if you obtain a medical marijuana card. However, federal law makes it illegal for marijuana users to possess firearms, which creates a legal risk.
3. Can I be arrested for owning a gun and using medical marijuana in Michigan?
While federal enforcement has been limited, owning a firearm while using medical marijuana is illegal under federal law. If federal authorities choose to enforce the law, you could face legal consequences.
4. Are there efforts to change the law regarding cannabis and gun ownership?
Yes, there are ongoing efforts at the federal level to reform cannabis laws. These efforts could potentially resolve the conflict between medical marijuana use and gun ownership in the future.
