If you’re a Minnesota resident who uses medical marijuana, you may be curious about how your status as a medical cannabis patient impacts your right to own or purchase a firearm. Minnesota’s Medical Cannabis Program provides patients with legal access to marijuana for therapeutic use, but the relationship between medical marijuana use and gun ownership is complicated due to conflicts between state and federal law.
In this article, we’ll break down the legal landscape surrounding medical marijuana and firearm ownership in Minnesota. We’ll explore how federal law impacts state medical marijuana patients, provide guidance on navigating this complex issue, and offer practical advice for those concerned about their rights. Whether you’re new to medical marijuana or a long-term patient, this guide will help you understand your rights and responsibilities as a Minnesota resident.
The Federal vs. State Law Conflict
The primary issue surrounding gun ownership and medical marijuana use stems from the conflict between state and federal laws. Minnesota legalized medical marijuana in 2014 through its Medical Cannabis Program, allowing patients with qualifying conditions to use cannabis legally for medical purposes. However, under federal law, marijuana remains classified as a Schedule I controlled substance, which complicates matters for gun ownership.
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 patients who use it legally under Minnesota law are still considered unlawful users by the federal government. This creates a significant issue when it comes to purchasing firearms.
When purchasing a firearm from a licensed dealer, you are required to complete ATF Form 4473, which includes a question asking if 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 potentially face serious penalties for perjury, a federal crime that carries fines and imprisonment.
Minnesota Law: Medical Marijuana and Gun Ownership
Minnesota’s medical marijuana laws do not specifically address the issue of firearm ownership. The state does not actively prevent medical marijuana patients from owning firearms. However, since firearm purchases are regulated by federal law, Minnesota residents who are medical marijuana patients may face obstacles when attempting to purchase new firearms.
In other words, while Minnesota law allows for the legal use of medical marijuana, it does not provide protection from the federal laws that prohibit marijuana users from owning or purchasing firearms.
How the Federal-State Conflict Affects Minnesota Medical Marijuana Patients
If you’re a medical cannabis patient in Minnesota, here’s how the conflict between state and federal law affects your ability to own or purchase a firearm:
- Owning Firearms: Minnesota law does not explicitly prohibit medical marijuana patients from owning firearms. However, under federal law, you are not allowed to possess firearms if you use marijuana, including medical marijuana.
- Purchasing Firearms: If you attempt to purchase a firearm from a federally licensed dealer, you will be required to complete ATF Form 4473, which asks about your marijuana use. Admitting to using marijuana will result in a denial of the purchase, and lying on the form is a federal crime.
- Legal Risks: While Minnesota law does not actively enforce firearm restrictions for medical marijuana patients, federal law does. This creates potential legal risks for possessing guns while using medical marijuana.
Will You Be Denied a Gun Purchase If You Have a Medical Marijuana Card in Minnesota?
Yes. If you are a medical marijuana patient in Minnesota, you are likely to be denied a gun purchase under federal law. When purchasing a gun from a federally licensed dealer, you will be asked about your marijuana use on ATF Form 4473. Answering truthfully will result in a denial of your purchase, and lying on the form can result in serious legal consequences, including federal charges for perjury.
Legal Risks of Owning a Gun and Using Medical Marijuana
The main legal risks for Minnesota medical marijuana patients who own guns stem from federal law. While Minnesota law does not have specific prohibitions against gun ownership for medical marijuana users, federal law does. Here are some of the legal risks to be aware of:
- Federal Charges: If federal authorities choose to enforce gun laws strictly, you could face charges for possessing a firearm while being a user of a controlled substance, such as marijuana. This is more likely in situations where federal law enforcement becomes involved.
- Perjury Charges: If you lie on the federal forms required to purchase a firearm, you can be charged with perjury, a serious federal crime that could result in fines, prison time, or both.
- Permanent Loss of Gun Rights: Violating federal gun laws could result in the permanent loss of your right to own or possess firearms in the future, even after you stop using medical marijuana.
While federal enforcement of these laws has been inconsistent in recent years, the risks are still present and should be considered carefully by Minnesota residents who are medical marijuana patients and own or wish to purchase firearms.
The Future of Cannabis and Gun Laws
The legal landscape surrounding cannabis and firearms may change in the coming years. There have been ongoing efforts at the federal level to reform cannabis laws, including initiatives to decriminalize or reschedule marijuana. If marijuana were to be reclassified or removed from the list of Schedule I controlled substances, it could potentially resolve the conflict between state medical marijuana programs and federal firearm regulations.
For example, if marijuana were no longer classified as a Schedule I controlled substance, it would no longer be subject to the same federal prohibitions under the Gun Control Act of 1968. This could allow medical marijuana patients to own firearms without violating federal law.
However, until federal cannabis laws change, Minnesota medical marijuana patients will continue to face legal challenges when it comes to gun ownership.
What Should You Do If You’re a Medical Marijuana Patient and Want to Own a Gun?
If you are a medical marijuana patient in Minnesota and are concerned about your ability to own or purchase a firearm, here are some steps to consider:
- Consult an Attorney: A lawyer who specializes in cannabis or firearms law can help you understand your legal risks and provide guidance tailored to your situation. They can advise you on how to navigate the conflict between state and federal law.
- Stay Informed: Keep up to date on any changes in both state and federal law that could impact your rights. The legal landscape is constantly evolving, and changes in cannabis laws at the federal level could affect your right to own firearms as a medical marijuana patient.
- Consider Your Options: If owning a firearm 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 Minnesota Patient’s Story
Let’s take a look at the story of Ben, a 45-year-old Minnesota resident who suffers from chronic pain due to a car accident. After years of trying various pain management options, Ben decided to enroll in the state’s Medical Cannabis Program. Medical marijuana has helped him significantly reduce his dependence on opioids and improve his overall quality of life.
However, Ben is also a gun owner and enjoys outdoor activities like hunting. When he applied to purchase a new firearm, he was concerned about how his medical marijuana use might affect his ability to buy the gun. After doing some research, Ben discovered that while Minnesota law did not prohibit him from owning firearms, federal law posed a problem.
To avoid legal complications, Ben consulted with a cannabis attorney, who explained the federal restrictions on firearm ownership for marijuana users. Understanding the risks, Ben decided to keep his existing firearms but chose not to purchase any new guns while using medical marijuana. He remains hopeful that future changes in federal cannabis laws will allow him to fully enjoy his rights as both a medical marijuana patient and a gun owner.
Conclusion
The question of whether you can own a gun if you have a medical marijuana card in Minnesota is complex due to the conflicting state and federal laws. While Minnesota allows the legal use of medical marijuana, federal law still prohibits marijuana users from purchasing or possessing firearms. This conflict creates a legal gray area that medical marijuana patients in Minnesota must navigate carefully.
Until federal cannabis laws are reformed, Minnesota medical marijuana patients who wish to own firearms should be aware of the legal risks. Consulting with a lawyer, staying informed about legal changes, and making thoughtful decisions are the best ways to protect your rights as a medical marijuana patient and potential gun owner.
Frequently Asked Questions (FAQs)
1. Can I legally buy a gun in Minnesota if I have a medical marijuana card?
No. Although Minnesota allows medical marijuana use under state law, federal law prohibits marijuana users 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 Minnesota?
While Minnesota law does not require you to surrender your firearms if you obtain a medical marijuana card, federal law makes it illegal for marijuana users to possess firearms. This creates a legal risk for medical marijuana patients.
3. Can I be arrested for owning a gun and using medical marijuana in Minnesota?
Although federal enforcement of this law has been rare, it is still illegal under federal law to own a firearm while using marijuana, including medical marijuana. 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 to reform cannabis laws at the federal level. These reforms could potentially resolve the conflict between medical marijuana use and gun ownership in the future.
