Can I Own A Gun If I Have A Medical Card in New Mexico?

If you’re a New Mexico resident with a medical marijuana card or are considering applying for one, you may be wondering how your cannabis use affects your ability to own or purchase a firearm. New Mexico’s Medical Cannabis Program, established under the Lynn and Erin Compassionate Use Act, allows patients with qualifying conditions to use medical marijuana legally. But the intersection of state and federal law can create confusion—especially for those who also want to exercise their Second Amendment rights.

This article will walk you through the legal landscape surrounding medical marijuana and gun ownership in New Mexico. Whether you’re new to medical cannabis or have been a patient for some time, this guide will help clarify what you need to know about balancing your right to medical cannabis treatment and your right to own firearms.

The Conflict Between Federal and State Law

The biggest challenge for medical marijuana patients who want to own firearms is the conflict between state and federal law. In New Mexico, the state’s Medical Cannabis Program allows patients to legally use marijuana for medical purposes, but marijuana remains classified as a Schedule I controlled substance under the federal Controlled Substances Act (CSA). This federal classification creates complications for medical marijuana patients when it comes to gun ownership.

Federal Law: The Gun Control Act of 1968

The federal Gun Control Act of 1968 (18 U.S.C. § 922) prohibits certain individuals from purchasing or possessing firearms. One of the groups restricted by this law includes individuals who are considered “unlawful users” of controlled substances, including marijuana. This restriction applies even if marijuana is legal under state law for medical purposes, as is the case in New Mexico.

When purchasing a firearm from a federally licensed dealer, you will be required to fill out ATF Form 4473. This form 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 serious penalties, as making false statements on federal forms is a punishable offense.

New Mexico Law: Medical Marijuana and Gun Ownership

New Mexico law permits the use of medical marijuana under the Lynn and Erin Compassionate Use Act, but it does not specifically address the issue of gun ownership for medical marijuana patients. While the state allows patients to legally use cannabis for medical purposes, it does not provide protection from federal laws that prohibit marijuana users from owning or purchasing firearms.

In other words, although New Mexico permits medical marijuana use, federal law still applies when it comes to firearm purchases and ownership. This conflict creates a legal gray area for medical marijuana patients who own or wish to purchase firearms.

How Federal Law Affects Medical Marijuana Patients in New Mexico

If you are a medical marijuana patient in New Mexico, here’s how the conflict between state and federal law impacts your ability to own or purchase firearms:

• Owning Firearms: New Mexico law does not actively prevent medical marijuana patients from owning firearms, but federal law prohibits marijuana users from possessing firearms. This means that while the state may allow you to own a gun, federal law still considers you an “unlawful user” of a controlled substance, which could result in legal complications.
• Purchasing Firearms: When you attempt to purchase a firearm from a federally licensed dealer, you will be required to complete ATF Form 4473. This form asks if you are an unlawful user of any controlled substances, including marijuana. If you answer “yes,” your purchase will be denied. Lying on the form is a federal crime, which carries serious penalties.
• Legal Risks: Although federal authorities have not made it a priority to pursue cases against individual medical marijuana patients who own firearms, the risk remains. If federal law enforcement chooses to enforce these laws, you could face charges for unlawful possession of a firearm.

Can You Be Denied a Gun Purchase for Holding a Medical Marijuana Card?

Yes, under federal law, medical marijuana patients are classified as “unlawful users” of a controlled substance. This means that you can be denied a gun purchase if you are a medical marijuana patient in New Mexico. When you fill out ATF Form 4473 at the time of purchase, admitting to marijuana use will result in a denial. Lying on the form is not an option, as it is a federal crime with severe consequences, including fines and imprisonment.

The Legal Risks of Owning a Gun and Using Medical Marijuana

Even though New Mexico allows medical marijuana use, the conflict with federal law creates legal risks for gun owners. Here are some of the major risks to consider:

• Federal Charges: Federal law prohibits marijuana users from possessing firearms, and this restriction applies even if you are legally using medical marijuana under New Mexico state law. Although federal enforcement has been inconsistent, the risk of facing federal charges for unlawful possession of a firearm remains.
• Perjury Charges: If you lie on ATF Form 4473 and claim that you do not use marijuana when in fact you do, you could be charged with perjury. This is a serious federal offense that can result in fines, imprisonment, or both.
• Loss of Gun Rights: If you are convicted of violating federal gun laws, you could lose your right to own or possess firearms permanently, even if you stop using medical marijuana in the future.

Potential Changes to Cannabis and Gun Laws

The legal landscape surrounding cannabis and firearms is evolving, and efforts are ongoing at both the state and federal levels to reform cannabis laws. One of the most significant proposals is to remove marijuana from the list of Schedule I controlled substances under the Controlled Substances Act. If this change occurs, it could resolve the conflict between state medical marijuana programs and federal firearm regulations.

If marijuana were no longer classified as a Schedule I drug, medical marijuana patients would no longer be considered “unlawful users” under federal law, potentially allowing them to purchase and own firearms legally. However, until such changes are made, medical marijuana patients in New Mexico must continue to navigate the legal risks created by the conflict between state and federal laws.

What Should You Do if You’re a Medical Marijuana Patient in New Mexico and Own or Want to Purchase a Gun?

If you are a medical marijuana patient in New Mexico and are concerned about your ability to own or purchase a firearm, here are some steps to consider:

• Consult a Lawyer: A lawyer who specializes in cannabis or firearms law can help you understand your legal rights and risks. They can provide personalized advice based on your specific situation and help you navigate the complexities of state and federal law.
• Stay Informed: Keep up to date with any changes in state or federal laws that could impact your ability to own or purchase firearms. The legal landscape surrounding cannabis is constantly evolving, and staying informed is crucial.
• Weigh the Risks: If owning firearms is important to you, you may need to weigh the legal risks of continuing to use medical marijuana. Some patients choose to explore alternative treatments to avoid potential conflicts with federal law.

Real-Life Example: A New Mexico Patient’s Experience

Let’s consider the story of John, a 50-year-old New Mexico resident who suffers from severe arthritis. After trying multiple treatments with little success, John was approved for the state’s Medical Cannabis Program. Medical marijuana has helped him manage his pain and improve his quality of life.

However, John is also an avid hunter and gun owner. When he applied to purchase a new firearm, he became concerned about the impact his medical marijuana use might have on his ability to purchase the gun legally. After researching the issue, John discovered that while New Mexico law allows him to use medical marijuana, federal law prohibits marijuana users from buying or owning firearms.

To avoid any legal issues, John consulted with a lawyer who specializes in cannabis law. The lawyer explained the federal restrictions on firearm ownership for marijuana users and advised John to be cautious about purchasing new guns while using medical marijuana. Understanding the legal risks, John decided to keep his existing firearms but chose not to purchase any new ones until federal cannabis laws change.

Conclusion

The question of whether you can own a gun if you have a medical marijuana card in New Mexico is complicated by the conflict between state and federal law. While New Mexico allows for the legal use of medical marijuana, federal law still prohibits marijuana users from purchasing or possessing firearms, creating a legal gray area for patients.

Until federal marijuana laws change, medical marijuana patients in New Mexico who wish to own or purchase firearms must carefully navigate the potential legal risks. Consulting with a lawyer, staying informed about legal developments, and weighing the risks are the best ways to protect yourself and your rights as both a medical marijuana patient and a gun owner.