If you’re a Missouri resident with a medical marijuana card, you might be wondering how your cannabis use affects your ability to own a firearm. Missouri’s Medical Marijuana Program allows patients to legally use cannabis for specific medical conditions, but the state’s laws don’t exist in a vacuum—there’s a complex relationship between state and federal regulations when it comes to guns and marijuana use.
In this article, we’ll dig deep into the legal landscape surrounding medical marijuana and gun ownership in Missouri. We’ll explore the federal-state conflict, the risks involved, and what you should consider if you’re both a medical marijuana patient and a gun owner. Whether you’re new to medical cannabis or just looking for clarification, this guide will help you understand your rights and responsibilities.
The Conflict Between Federal and State Law
The main issue when it comes to gun ownership and medical marijuana use is the inconsistency between state and federal laws. Missouri voters approved Amendment 2 in 2018, which legalized medical marijuana in the state. Since then, thousands of patients have enrolled in the program to treat qualifying medical conditions.
However, at the federal level, marijuana remains classified as a Schedule I controlled substance under the Controlled Substances Act. This classification creates legal complications for gun owners, as federal law prohibits certain individuals—such as unlawful drug users—from possessing firearms.
Federal Law: The Gun Control Act of 1968
The Gun Control Act of 1968 (18 U.S.C. § 922) is the key piece of federal legislation that governs who can legally possess or purchase a firearm. According to this law, individuals who are “unlawful users” of controlled substances, including marijuana, are prohibited from purchasing or owning firearms.
This prohibition applies even if you are legally using medical marijuana under Missouri state law. From the federal government’s perspective, marijuana use is illegal, no matter what state laws say. This becomes particularly relevant when purchasing a firearm from a federally licensed dealer.
When buying a firearm from a licensed dealer, you are required to fill out ATF Form 4473. This form includes a specific question about whether you are an unlawful user of controlled substances, including marijuana. If you answer “yes,” your gun purchase will be denied. If you lie and answer “no,” you could face serious penalties for perjury, which is a federal crime punishable by fines and imprisonment.
Missouri Law: Medical Marijuana and Gun Ownership
Missouri’s medical marijuana laws do not explicitly address firearm ownership. The state does not have any laws that prevent medical marijuana patients from owning or possessing firearms. In fact, Missouri has a strong tradition of supporting Second Amendment rights, and the state government does not enforce federal marijuana laws.
However, because firearm purchases are governed by federal law, medical marijuana patients in Missouri may still encounter difficulties when trying to buy a firearm from a federally licensed dealer. The key issue is that while Missouri law may not restrict your ability to own a firearm, federal law does.
How the Federal-State Conflict Affects Missouri Medical Marijuana Patients
If you’re a medical marijuana patient in Missouri, here’s how the conflict between federal and state law affects your ability to own or purchase a firearm:
- Owning Firearms: Missouri law does not prohibit medical marijuana patients from owning firearms. However, under federal law, individuals who use marijuana are considered “unlawful users” and are prohibited from possessing firearms.
- Purchasing Firearms: If you attempt to buy a gun from a federally licensed dealer, you will be required to complete ATF Form 4473, which asks about your drug use. Admitting to using marijuana will result in a denial of the purchase.
- Legal Risks: Even though Missouri law does not actively enforce federal marijuana laws, there is still a risk that medical marijuana patients who own firearms could face legal consequences under federal law.
Can You Be Denied a Gun Purchase for Having a Medical Marijuana Card?
Yes. Under federal law, medical marijuana users are prohibited from purchasing firearms. If you attempt to buy a gun from a licensed dealer, you will be asked about your marijuana use on ATF Form 4473. If you answer honestly and admit to using medical marijuana, your purchase will be denied. Lying on the form is a federal offense and could result in legal consequences, including fines and imprisonment.
Legal Risks of Owning a Gun and Using Medical Marijuana
While Missouri law does not prohibit medical marijuana patients from owning firearms, the conflict with federal law creates legal risks. Here are some of the main concerns:
- Federal Enforcement: While federal enforcement of gun laws related to marijuana use has been rare, it is still possible for medical marijuana patients who own firearms to face federal charges for unlawful possession of a firearm.
- Perjury Charges: If you lie on ATF Form 4473 when purchasing a firearm and falsely claim that you do not use marijuana, you could be charged with perjury. This is a serious federal crime that could result in fines, prison time, 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 in the future, even if you stop using medical marijuana.
It’s important to note that while many medical marijuana patients in Missouri have not faced federal charges for owning guns, the legal risk is still present. It’s crucial to be aware of this risk and take steps to protect yourself.
Potential Changes in Cannabis and Gun Laws
The legal landscape surrounding cannabis and firearms is evolving. There are ongoing efforts at both the state and federal levels to reform cannabis laws, including proposals to decriminalize or reschedule marijuana. If marijuana were to be rescheduled or removed from the list of controlled substances, the conflict between state medical marijuana programs and federal firearm regulations could be resolved.
For example, if marijuana were no longer classified as a Schedule I controlled substance, it would no longer be subject to the restrictions imposed by the Gun Control Act of 1968. This would allow medical marijuana patients to purchase and own firearms without violating federal law.
Until such changes occur, however, medical marijuana patients in Missouri will continue to face legal challenges when it comes to gun ownership.
What Should You Do if You’re a Medical Marijuana Patient in Missouri and Want to Own a Gun?
If you are a medical marijuana patient in Missouri and want to own or purchase a firearm, it’s important to understand the legal risks and take steps to protect yourself. Here are some recommendations:
- Consult a Lawyer: A lawyer who specializes in cannabis or firearms law can provide you with advice specific to your situation. They can help you understand the legal risks and how to navigate the conflict between state and federal law.
- Stay Informed: Keep up to date on any changes in both state and federal laws that could impact your rights as a medical marijuana patient and gun owner. The legal landscape is constantly evolving, especially with regard to cannabis laws.
- Weigh the Risks: Owning a firearm as a medical marijuana patient comes with legal risks. Some patients may choose to explore alternative treatments that do not conflict with federal law if gun ownership is a priority.
Real-Life Example: A Missouri Patient’s Story
Consider the story of John, a 50-year-old Missouri resident who suffers from chronic pain due to arthritis. After years of trying various medications, John found relief through Missouri’s Medical Marijuana Program. He obtained his medical marijuana card and uses cannabis to manage his symptoms.
John is also an avid hunter and gun owner. 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, John learned that while Missouri law does not prevent him from owning guns, federal law prohibits marijuana users from purchasing firearms.
To avoid any legal complications, John 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 exercise his rights as both a medical marijuana patient and gun owner.
Conclusion
The question of whether you can own a gun if you have a medical marijuana card in Missouri is complicated by the ongoing conflict between state and federal law. While Missouri allows for the legal use of medical marijuana, federal law still prohibits marijuana users from purchasing or possessing firearms.
Until federal cannabis laws change, medical marijuana patients in Missouri who wish to own or purchase firearms must navigate this legal gray area carefully. Consulting with a lawyer, staying informed about legal changes, and making thoughtful decisions are the best ways to protect yourself and your rights as a medical marijuana patient and potential gun owner.
Frequently Asked Questions (FAQs)
1. Can I legally buy a gun in Missouri if I have a medical marijuana card?
No. Although Missouri allows medical marijuana use, federal law prohibits individuals who use marijuana from purchasing firearms, even if it is legal under state law.
2. Will I lose my firearms if I get a medical marijuana card in Missouri?
No, Missouri law does not require you to surrender your firearms if you obtain a medical marijuana card. However, federal law makes it illegal for marijuana users to possess firearms, creating a legal risk.
3. Can I be arrested for owning a gun and using medical marijuana in Missouri?
While federal enforcement has been rare, it is still possible for medical marijuana patients who own firearms to face federal charges. State law does not actively enforce this, but the risk remains.
4. Are there efforts to change the law regarding cannabis and gun ownership?
Yes, there are ongoing efforts at the federal level to reform cannabis laws. These reforms could potentially resolve the conflict between medical marijuana use and gun ownership in the future.
