Can I Own A Gun If I Have A Medical Card in Illinois?

If you’re an Illinois resident who has recently obtained a medical marijuana card or are considering applying for one, you may be wondering how this impacts your ability to own a firearm. Illinois is one of the states that has legalized medical marijuana through its Medical Cannabis Patient Program (MCPP), allowing patients with qualifying conditions access to cannabis for therapeutic purposes. However, not everything is straightforward when it comes to combining gun ownership with medical marijuana use.

The laws surrounding gun ownership and cannabis use can be confusing, especially because federal and state laws often conflict. In this article, we’ll explore the legal nuances and help you understand the implications of owning a gun if you are a medical marijuana patient in Illinois.

The Legal Divide: Federal vs. State Law

To understand the complexities of this issue, it’s important to differentiate between federal and state laws. While Illinois has legalized both medical and recreational cannabis, federal law still classifies marijuana as a Schedule I controlled substance. This discrepancy creates a legal gray area when it comes to owning firearms as a cannabis user.

Federal Law: The Gun Control Act of 1968

Under the Gun Control Act of 1968, federal law prohibits anyone who is an “unlawful user of or addicted to any controlled substance” from possessing or purchasing firearms. Since marijuana remains illegal under federal law, this prohibition includes cannabis users—even those who are using it legally under their state’s medical marijuana program.

When purchasing a firearm from a licensed dealer, individuals are required to fill out ATF Form 4473, which asks if the applicant is an unlawful user of drugs, including marijuana. If you answer “yes,” your application will be denied. If you answer “no” while using medical marijuana legally under state law, you could be committing perjury, which is a federal offense.

Illinois State Law: Medical Marijuana and Firearm Ownership

Illinois has legalized medical marijuana under the Medical Cannabis Patient Program (MCPP), allowing patients with qualifying conditions to obtain medical cards for cannabis use. However, the state does not have specific laws preventing medical marijuana patients from owning firearms. In fact, Illinois law allows for both medical marijuana use and gun ownership, but the problem arises when federal regulations come into play.

Illinois residents must apply for a Firearm Owner’s Identification (FOID) Card to own a gun in the state. The Illinois State Police (ISP), which manages FOID card applications, checks federal databases when processing applications. Although Illinois does not automatically deny gun ownership based on medical marijuana use, federal law still prohibits it.

What Does This Mean for Medical Marijuana Patients in Illinois?

If you are a medical marijuana patient in Illinois, you can still technically apply for and obtain a FOID card, as state law does not prevent this. However, federal law makes it illegal for you to own or purchase a firearm while using medical marijuana. This leaves Illinois patients in a difficult position where state and federal laws are in direct conflict.

Here’s a breakdown of what this means in practical terms:

• If you already own firearms and later obtain a medical marijuana card, your existing ownership is in a legal gray area. While Illinois law does not require you to give up your guns, federal law prohibits you from possessing them as a cannabis user.
• If you attempt to purchase a firearm from a federally licensed dealer while using medical marijuana, you will likely be denied after filling out ATF Form 4473.
• There is currently no active enforcement targeting individual medical marijuana patients for gun ownership, but the legal risk remains. Should federal authorities choose to enforce these regulations, patients could face legal consequences.

Can You Be Denied a FOID Card for Having a Medical Marijuana Card?

As of now, Illinois does not automatically deny a FOID card to applicants who hold a medical marijuana card. However, owning or purchasing a firearm while using medical cannabis is still illegal under federal law. This means that while you may not face immediate consequences for holding a FOID card, purchasing a gun or being caught in possession of one while being a medical marijuana patient could lead to legal complications.

Legal Risks of Owning Both a Gun and a Medical Marijuana Card

The conflict between Illinois state law and federal law creates a significant legal risk for medical marijuana patients who also wish to own firearms. While Illinois law is relatively permissive, federal law is not. Here are the main risks:

• Federal Charges: If federal authorities choose to enforce existing laws, medical marijuana patients who own firearms could face federal charges for unlawful possession of a firearm.
• Perjury Charges: If you lie on ATF Form 4473 when purchasing a firearm, you could be charged with perjury, a federal offense that carries serious penalties.
• Loss of Gun Rights: If you are found to be in violation of federal gun laws, you could permanently lose your right to own firearms.

It’s worth noting that while there is no active federal enforcement targeting medical marijuana patients for gun ownership, the risk is still present. The best course of action is to be fully aware of the legal landscape and consult with an attorney if you are unsure about your rights.

Is There Hope for Legal Reform?

The legal landscape surrounding cannabis and firearms is constantly evolving. There have been efforts at both the state and federal levels to reform cannabis laws, including proposals to decriminalize or reschedule marijuana. If marijuana were to be removed from the Schedule I list of controlled substances, it could potentially eliminate the conflict between state medical marijuana programs and federal gun laws.

Some states have also attempted to pass laws that protect medical marijuana patients’ rights to own firearms, but these efforts have been complicated by the supremacy of federal law. Until federal cannabis laws are reformed, medical marijuana patients in Illinois—and across the country—will continue to face challenges when it comes to firearm ownership.

What Should You Do If You’re a Medical Marijuana Patient in Illinois and Want to Own a Gun?

If you are a medical marijuana patient in Illinois and are concerned about your ability to own a firearm, here are some steps you can take:

• Consult with a Legal Professional: It’s always a good idea to speak with a lawyer who specializes in cannabis or firearms law. They can help you understand the legal risks and advise you on the best course of action for your situation.
• Stay Informed: Keep up to date with changes in both state and federal laws. As the legal landscape evolves, new rulings or legislative changes could impact your rights as a medical marijuana patient and gun owner.
• Weigh the Risks: If maintaining gun ownership is important to you, you may need to carefully weigh the benefits of medical cannabis use against the potential legal risks. Some patients choose to explore alternative treatments that do not conflict with federal law.

Real-Life Example: The Story of a Patient in Illinois

Take the example of Mark, a 52-year-old Illinois resident who suffers from chronic back pain due to a workplace injury. After years of using opioid medications with limited success, Mark decided to apply for a medical marijuana card through Illinois’ Medical Cannabis Patient Program. The cannabis helped him manage his pain without the debilitating side effects of traditional painkillers.

However, Mark is also a gun enthusiast and owns several firearms. After obtaining his medical marijuana card, he became concerned about how this would affect his ability to keep his guns. Upon consulting with a lawyer, Mark learned that while Illinois law didn’t require him to give up his firearms, federal law made it illegal for him to possess them while using medical cannabis.

Faced with this conflict, Mark had to weigh the benefits of medical marijuana against the potential legal risks of owning firearms. Ultimately, he decided to keep his medical marijuana card and consult closely with his lawyer to stay informed about any changes in the law that might affect his situation.

Conclusion

The question of whether you can own a gun if you have a medical marijuana card in Illinois is a complicated one. While Illinois law allows for medical cannabis use and gun ownership, federal law prohibits cannabis users from possessing firearms. This creates a significant legal conflict that medical marijuana patients in Illinois must navigate carefully.

Until federal laws change, medical marijuana patients in Illinois who wish to own firearms should be fully aware of the legal risks and consider consulting a lawyer to better understand their options. 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.