Georgia, like many other states, has made strides in recognizing the medical benefits of cannabis by allowing the use of low-THC oil for patients with certain qualifying conditions. However, for many Georgians, the question of whether they can legally own a firearm while holding a medical marijuana card remains a looming concern. Can you own a gun if you have a medical marijuana card in Georgia?
In this article, we’ll explore the relationship between Georgia’s medical marijuana laws and federal gun regulations. If you’re a resident of Georgia who is navigating the world of medical cannabis and also concerned about your Second Amendment rights, this guide will provide the clarity you need.
Understanding Georgia’s Medical Marijuana Laws
Before diving into the complexities of gun ownership, it’s important to first understand the basics of Georgia’s medical marijuana program. Unlike states with more expansive medical cannabis programs, Georgia’s program is limited to the use of low-THC oil. This means that patients can only legally possess certain cannabis oil formulations that contain no more than 5% THC and a higher percentage of CBD.
Georgia’s medical marijuana program is available to patients with qualifying conditions such as cancer, epilepsy, Parkinson’s disease, and PTSD, among others. To obtain low-THC oil, patients must apply for a medical marijuana card issued by the Georgia Department of Public Health.
Georgia Law and Low-THC Oil
Under Georgia law, the use of low-THC oil is legal for registered patients. However, the law does not explicitly address how the use of this oil impacts gun ownership. This leaves patients in a legal gray area, especially when considering the intersection of state law and federal law, which governs firearms.
The Conflict Between Federal and State Law
The biggest challenge for medical marijuana patients who want to own firearms comes from the conflict between federal and state law. While Georgia allows the legal use of low-THC oil for medical purposes, cannabis, including low-THC oil, remains illegal under federal law. This creates a complicated situation for patients who want to exercise their right to bear arms.
Federal Law: The Gun Control Act of 1968
Under the Gun Control Act of 1968 (18 U.S.C. § 922), individuals who are considered “unlawful users” of controlled substances are prohibited from purchasing or possessing firearms. Marijuana, including low-THC oil, is classified as a Schedule I controlled substance under the Controlled Substances Act (CSA). This means that, according to federal law, marijuana is illegal—even if you’re using it legally under Georgia’s medical marijuana program.
When purchasing a firearm from a federally licensed dealer, you are required to complete ATF Form 4473. This form asks whether you are an unlawful user of controlled substances, including marijuana. If you answer “yes,” the sale will be denied. If you lie and say “no,” you could face federal felony charges for making a false statement on a government form.
Georgia Law and Gun Ownership
While Georgia allows for the legal use of low-THC oil for medical purposes, the state’s gun laws do not directly address whether medical marijuana patients can own or purchase firearms. However, because federal law prohibits marijuana users from owning guns, federal regulations still apply to Georgia residents, regardless of the state’s position on medical marijuana.
This means that even if you are legally using low-THC oil in Georgia, you are still considered an unlawful user of a controlled substance under federal law, which disqualifies you from owning or purchasing firearms.
How Federal Law Impacts Medical Marijuana Patients in Georgia
If you’re a medical marijuana patient in Georgia using low-THC oil, here’s how federal law impacts your ability to own or purchase firearms:
- Owning Firearms: Although Georgia law does not explicitly prevent medical marijuana patients from owning firearms, federal law does. Under federal regulations, even if you’re using low-THC oil legally in Georgia, you’re considered an unlawful user of a controlled substance. This disqualifies you from owning or possessing firearms under federal law.
- Purchasing Firearms: When purchasing a firearm from a federally licensed dealer, you are required to complete ATF Form 4473. This form asks whether you use controlled substances, including marijuana. If you disclose your use of low-THC oil, the sale will be denied. Lying on the form is a federal crime that could result in fines, imprisonment, or both.
- Legal Risk: While federal enforcement agencies have not consistently pursued individual medical marijuana patients for owning firearms, the legal risk remains. If federal authorities choose to enforce the law, Georgia residents who use low-THC oil and own firearms could face federal charges for unlawful possession of a firearm.
Can You Be Denied a Gun Purchase for Having a Medical Marijuana Card?
Yes. Under federal law, individuals who use marijuana, including low-THC oil, are considered unlawful users of a controlled substance. This means that if you attempt to purchase a firearm from a licensed dealer and disclose your medical marijuana use, the sale will be denied. Lying on the form is a federal offense, which could result in serious legal consequences.
The Legal Risks of Owning a Gun and Using Medical Marijuana
For medical marijuana patients in Georgia, the legal risks of owning or purchasing a firearm arise from the conflict between state and federal law. While Georgia law allows for the legal use of low-THC oil, federal law still prohibits gun ownership by anyone who uses marijuana. The primary risks include:
- Federal Charges: Federal law prohibits individuals who use marijuana from owning firearms. Although enforcement has been inconsistent, the risk remains that medical marijuana patients in Georgia who own firearms could face federal charges for unlawful possession of a firearm.
- Perjury Charges: If you lie on ATF Form 4473 by denying your marijuana use, you could be charged with perjury, a serious federal crime punishable by fines, imprisonment, or both.
- Loss of Gun Rights: If you’re convicted of violating federal gun laws, you could permanently lose your right to own or possess firearms, even if you stop using medical marijuana in the future.
Potential Changes to Cannabis and Gun Laws
The legal landscape around cannabis is evolving, and efforts to reform cannabis laws are ongoing at both the federal and state levels. One of the most significant proposals is to remove marijuana from the list of Schedule I controlled substances under the federal Controlled Substances Act. If marijuana is reclassified or removed from this list, medical marijuana patients would no longer be considered “unlawful users” under federal law, potentially allowing them to legally own and purchase firearms.
However, until such changes are made, medical marijuana patients in Georgia must be aware of the risks posed by the current conflict between federal and state laws.
What Should You Do if You’re a Medical Marijuana Patient in Georgia and Want to Own a Gun?
If you’re a medical marijuana patient in Georgia and are concerned about your ability to own or purchase a firearm, here are a few steps you can take to protect yourself:
- Consult a Lawyer: A lawyer who specializes in cannabis or firearms law can help you understand your rights and risks. They can provide personalized legal advice based on your specific situation and help you navigate the complexities of state and federal law.
- Stay Informed: The legal landscape surrounding cannabis and firearms is constantly changing. Stay up-to-date on changes to both Georgia and federal law that could impact your ability to own or purchase firearms.
- Consider the Risks: If gun ownership is important to you, you will need to carefully weigh the legal risks of continuing to use medical marijuana. Some patients may choose to explore alternative treatments that do not conflict with federal law.
Real-Life Example: A Georgia Patient’s Dilemma
Consider the case of John, a 50-year-old Georgia resident who uses low-THC oil to manage his chronic pain from a severe back injury. After years of trying prescription medications, John found relief through Georgia’s medical marijuana program. However, John is also a gun owner and enjoys hunting with his family.
When John learned that his use of low-THC oil could disqualify him from legally owning firearms under federal law, he was shocked. Unsure of what to do, John consulted with a lawyer who specializes in firearms and cannabis law. The lawyer explained the conflict between federal and state law and advised John on the risks associated with continuing to use low-THC oil while owning firearms.
Ultimately, John had to make a difficult decision: continue using low-THC oil to manage his pain or give up his firearms to avoid potential legal issues.
Conclusion
The question of whether you can own a gun if you have a medical marijuana card in Georgia is complicated by the conflict between state and federal law. While Georgia law allows for the legal use of low-THC oil, federal law still prohibits marijuana users from owning or purchasing firearms. This creates a challenging legal situation for patients who rely on low-THC oil but also wish to exercise their Second Amendment rights.
Until federal marijuana laws change, medical marijuana patients in Georgia must carefully weigh the risks of owning or purchasing firearms. Consulting with a knowledgeable lawyer, staying informed about legal changes, and considering alternative treatments are the best ways to protect yourself as both a medical marijuana patient and a gun owner.
Frequently Asked Questions (FAQs)
1. Can I legally buy a gun in Georgia if I have a medical marijuana card?
No. While Georgia allows for the legal use of low-THC oil, federal law prohibits individuals who use marijuana from purchasing firearms.
2. Will I lose my existing firearms if I get a medical marijuana card in Georgia?
No. Georgia law does not require you to surrender your firearms if you become a medical marijuana patient. However, federal law prohibits marijuana users from possessing firearms, which creates a legal risk.
3. Can I be arrested for owning a gun and using low-THC oil in Georgia?
While federal authorities have not aggressively pursued individual medical marijuana patients for owning firearms, the legal risk remains that you could face federal charges.
4. Are there efforts to change the law regarding cannabis and gun ownership?
Yes. There are ongoing efforts at both the state and federal levels to reform cannabis laws. If marijuana is removed from the list of Schedule I controlled substances, medical marijuana patients may be able to legally own and purchase firearms in the future.
