As a Maryland resident, you may be considering medical marijuana to help manage a health condition, or perhaps you already have a medical marijuana card. One common concern for many patients is how holding a medical marijuana card affects their ability to own or purchase firearms in the state. Maryland has a robust Medical Cannabis Program, but federal law complicates the issue when it comes to gun ownership.
This article will provide a clear, empathetic, and well-researched overview of the legal implications of owning a gun as a medical marijuana patient in Maryland. Whether you’re new to medical cannabis or a seasoned patient, the goal is to make this topic as understandable and relatable as possible.
The Conflict Between Federal and State Laws
The central issue with gun ownership and medical marijuana use lies in the conflict between state and federal law. While Maryland allows for the legal use of medical marijuana, the federal government still classifies cannabis as a Schedule I controlled substance. This creates a dilemma for those who want to use medical marijuana and also exercise their Second Amendment right to own a firearm.
Federal Law: The Gun Control Act of 1968
The federal Gun Control Act of 1968 restricts certain individuals from purchasing or possessing firearms. One category of prohibited persons is anyone who is an “unlawful user of or addicted to any controlled substance.” Under federal law, marijuana is still considered illegal, regardless of whether it is used for medical purposes and approved by state law. This means that, according to federal law, anyone using marijuana, including medical marijuana, is considered an “unlawful user” and cannot legally own or purchase a firearm.
When purchasing a firearm from a licensed dealer, individuals are required to complete ATF Form 4473, which includes a question asking if the applicant is an unlawful user of controlled substances, including marijuana. Answering “yes” will lead to the denial of the firearm purchase. Lying on the form by answering “no” while using medical marijuana can lead to charges of perjury, a federal offense.
Maryland State Law: Medical Marijuana and Gun Ownership
The state of Maryland has legalized medical marijuana through its Maryland Medical Cannabis Commission (MMCC). Patients with qualifying medical conditions can obtain a medical cannabis card and legally use marijuana for therapeutic purposes. However, Maryland law does not directly address the issue of gun ownership for medical marijuana patients. This means that while the state does not explicitly prevent medical marijuana patients from owning firearms, federal law still applies.
In other words, Maryland law does not require you to forfeit your firearms if you are a medical marijuana patient, but federal law creates a potential conflict. This creates a legal gray area for patients who use medical marijuana and wish to own or purchase guns.
What Does This Mean for Medical Marijuana Patients in Maryland?
If you are a medical marijuana patient in Maryland, it’s important to understand how the conflict between state and federal law affects gun ownership. Here’s a breakdown of what this means for you:
- Owning Firearms: Maryland law doesn’t prevent you from owning firearms if you have a medical marijuana card, but under federal law, you are technically prohibited from possessing firearms as a marijuana user.
- Purchasing Firearms: If you try to purchase a firearm from a licensed dealer, you will be required to fill out ATF Form 4473. If you answer truthfully and indicate that you use marijuana, your purchase will be denied due to federal restrictions.
- Risk of Federal Enforcement: While federal enforcement of this law has been rare, it is still possible that federal authorities could impose penalties for violating federal gun laws.
Can You Be Denied a Gun Purchase for Having a Medical Marijuana Card?
Yes. Under federal law, anyone who uses marijuana, including medical marijuana, is 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 “yes,” your purchase will be denied. Lying about your marijuana use is also illegal and can lead to federal perjury charges.
Legal Risks of Owning Both a Gun and a Medical Marijuana Card
The main legal risk for medical marijuana patients who own firearms stems from the conflict between Maryland’s medical cannabis laws and federal firearm regulations. While Maryland may not directly prohibit you from owning a gun, federal law does. Here are the primary risks involved:
- Federal Charges: If federal authorities were to pursue enforcement, 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 about your marijuana use when purchasing a firearm, you could face perjury charges, which carry severe penalties.
- Loss of Gun Rights: Violating federal firearms laws could result in the permanent loss of your right to own or possess firearms in the future.
Although federal enforcement has been limited in recent years, the risk still exists. It’s crucial for medical marijuana patients in Maryland to be aware of these legal implications and make informed decisions regarding gun ownership.
Changes in Cannabis and Gun Laws: What Does the Future Hold?
The legal landscape around cannabis and firearms is continually evolving. There are ongoing efforts at both the federal and state levels to reform cannabis laws, including efforts to remove marijuana from the federal Schedule I classification. If marijuana were to be rescheduled or decriminalized at the federal level, it could potentially resolve the conflict between state medical marijuana programs and federal gun laws.
Some states have also introduced laws aimed at protecting the gun rights of medical marijuana patients. However, until there is significant federal reform, medical marijuana patients in Maryland and other states will continue to face challenges when it comes to gun ownership.
What Should You Do If You’re a Medical Marijuana Patient in Maryland and Want to Own a Gun?
If you are a medical marijuana patient in Maryland and want to own or purchase a firearm, it’s important to proceed with caution and be fully aware of the legal risks. Here are some steps you can take:
- Consult a Lawyer: It’s a good idea to consult with a lawyer who specializes in cannabis or firearms law. They can help you understand the specific legal risks and provide advice tailored to your situation.
- Stay Informed: Keep up with any changes in both state and federal laws regarding cannabis and firearms. The legal landscape is constantly shifting, and new developments could impact your rights.
- Weigh the Risks: If owning a firearm is important to you, consider the potential 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 Maryland Patient’s Story
Let’s take the example of Tom, a 45-year-old resident of Baltimore who suffers from chronic pain due to an old sports injury. After years of trying various treatments, Tom found significant relief through Maryland’s Medical Cannabis Program. He received his medical marijuana card and has been using cannabis to manage his pain effectively.
However, Tom is also a gun owner and enjoys recreational target shooting. Concerned about the legal implications of using medical marijuana and owning firearms, Tom reached out to a lawyer for advice. His lawyer explained that while Maryland law doesn’t explicitly prevent him from owning guns, federal law does make it illegal for him to possess firearms as a marijuana user.
After considering the risks, Tom decided to continue using medical marijuana but chose not to purchase any new firearms to avoid potential legal issues. He continues to monitor changes in the law and remains cautious about his situation, hoping that federal cannabis reform will eventually resolve the conflict.
Conclusion
For medical marijuana patients in Maryland, the question of whether you can own a gun is complicated by the conflict between state and federal laws. Maryland’s medical cannabis laws do not explicitly prevent gun ownership, but federal law prohibits marijuana users from possessing or purchasing firearms. This creates a legal gray area that patients must navigate carefully.
Until federal cannabis laws change, medical marijuana patients in Maryland who wish to own firearms should be fully aware of the legal risks and consider consulting with a lawyer. Staying informed about changes in the law and making thoughtful decisions will help protect your rights in this complex legal environment.
Frequently Asked Questions (FAQs)
1. Can I legally buy a gun in Maryland if I have a medical marijuana card?
No. Under federal law, individuals who use marijuana, including medical marijuana, are prohibited from purchasing firearms. This applies even if marijuana use is legal in Maryland.
2. Will I lose my firearms if I get a medical marijuana card in Maryland?
Maryland law does not require you to forfeit your firearms if you obtain a medical marijuana card. However, federal law makes it illegal for cannabis users to possess firearms, which creates a legal risk.
3. Can I be arrested for owning a gun and using medical marijuana in Maryland?
While federal enforcement has been rare, owning a firearm while using medical marijuana is illegal under federal law. If federal authorities choose to enforce this 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 both the state and federal levels to reform cannabis laws. However, until federal law changes, medical marijuana patients will continue to face challenges related to gun ownership.
