If you’re a Nevada resident with a medical marijuana card in your wallet, this one goes out. Little has changed until now regarding federal illegality or State-permitted nature guise as where stands upon gun ownership either way and matters still are kinda fuzzy. This is a widely-held worry for medical cannabis patients, not least because the rules and regs around gun ownership versus cannabis use—whether of the med or recreational variety—can appear to be convoluted and even contradictory. This article breaks down the laws and explains your rights, so you can make decisions effectively.
The Two Types of Laws, Federal and State
The key matter concerning owning a gun as a medical marijuana patient in Nevada involves the friction amid federal and state law.
State Law in Nevada
Nevada State where medical marijuana is permitted A: If you have an allowed condition, then your physician can apply for a medical marijuana card through the Nevada Medical Marijuana Program. After approval, you will be able to buy medical marijuana and follow all the regulations in place at that time for your specific state.
Nevada state law makes no specific provision that would prevent medical marijuana patients from buying or owning firearms. That is to say, there are no Nevada state laws that make you a prohibited person & therefore prevent the purchasing or owning of firearms simply because only possess a medical marijuana card.
Federal Law: The Rub
But the issue is on a federal scale. Cannabis is a Schedule I controlled substance under the federal Controlled Substances Act, and as such its legal status reflects an inability or unwillingness to develop reasonable legislative provisions. That is to say, marijuana has ‘no currently accepted medical use and a high potential for abuse’ under federal law.
The Gun Control Act of 1968 — federal law — makes it illegal to sell a firearm to any “unlawful user of or addicted to any controlled substance.” The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has said this extends to marijuana users despite it being legal in a state. This also goes for medical marijuana consumers, too.
Buying a firearm from an FFL requires filling out ATF Form 4473, which inquires whether you are “an unlawful user” of marijuana or any other controlled substance. With a “yes” response to the question, it is illegal for the dealer to sell those weapons. Answering in the negative — while a knowing medical-marijuana user, legally registered as such — is actually perjury; which is one of those federal crimes.
What Does This Mean for Nevada Gun Owners with a Medical Card?
(5) Federal law — Gun ownership trumps state law
If only it were as simple in practice as it is on paper. In other words, medical marijuana patients in Nevada (where it is legal) are still held to federal gun control restrictions.
This puts a lot of patients in an awkward position. They might have medical need for cannabis but also want to exercise their Second Amendment right except own a firearm. It is worth mentioning that at present there exists no legal mechanism for a medical marijuana cardholder to purchase or own a firearm. It could be theoretically easy for someone to use the Interstate Commerce Clause argument as an excuse, but doing so puts you at risk of federal prosecution (though they are extremely tricky).
~Possibles effects from utilizing marijuana and firearms.
Even though the federal government rarely enforces marijuana laws against individual patients, in a remote region of upstate New York like Rochester it could still lead to some serious consequences if you were caught owning both an MMJ card and YBOP gun. Some potential risks to monitor
- If federal authorities enforced the law, you would lose your right to own or purchase a firearm
- Lying on ATF Form 4473, or having a gun while also using medical marijuana both could trigger federal charges.
Impact on Legal Cases: If you are involved in a legal dispute (such as for divorce or child custody) then the fact that maybe gun ownership, if combined with medical marijuana use could be used against you.
Prospective Changes
The legal market on cannabis continues to evolve. Numerous pieces of legislation have been introduced in Congress to change pot laws, ranging from proposals that would do away with criminal penalties for anyone caught growing or selling marijuana (and more) down to bills which seek just a modicum of compromise – such as those allowing banks and deduction weary taxpayers the freedom needed operate within legal state programs. But to date, none of those reforms have been enacted.
If you are a medical marijuana patient and your Second Amendment rights matter to you, this is something that may be worth keeping up with as it unfolds in the future through legislation at both federal and state levels.
If You Are A Medical Cannabis Patient What Should you do?
If you are a medical marijuana user living in Nevada, then it is up to you as an individual whether owning guns for protection seems more important than freedom from pain and suffering. While the desire to own a firearm is strong, for many patients access to medical cannabis trumps that concern. For some of them owning a weapon is very important and so deciding not to get the Medical Marijuana Card, in order that they are still allowed for possession.
No matter what you decide, make sure to keep yourself current with legal changes or take the time out of your day to talk specifics if its a major concern specific towards you.
Conclusion
Nevada: Owning a gun and having a medical marijuana card in Nevada is more complex than we thought due to the conflict between state and federal law. It’s not illegal for you to have a gun under Nevada law, but it is under federal regulations. This puts patients in the difficult position of having to make their way through a legal gray area.
* readers must be aware of the following: if you have a gun or plan to own a firearm and are seeking medical treatment for certain conditions, having such condition means that your state may issue restrictions on owning firearms. Get educated and potentially retain an attorney who specializes in cannabis and gun law to help determine the best course of action for your circumstances.
FAQs (Frequently Asked Questions) of The Post
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Q: Can I purchase a firearm in Nevada if I have a medical marijuana card?
Null, under federal law a medical marijuana use is not allowed to purchasefirearm that the statute of Nevada has no jurisdiction over.
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Can I Own a Gun if I Have to Potentially Get Medical Marijuana?
Why?, among other reasons, because even though Nevada law does not explicitly ____, federal laws do apply (and it’s still a no-no to have both at the same time).
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If I have a rifle and am licensed to carry a medical marijuana card, then what are the consequences?
It is a crime to violate federal firearms laws; violators may be fined up to $250,000 or sentenced up to 10 years in prison. Still, they are rarely prosecuted.
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This leaves medical marijuana patients without recourse to legally possess a gun at all.
There are currently no legal routes That could change with pending legislation, however.
ATF Official Guidelines: https://www.atf.gov/firearms/qa/may-person-who-uses-marijuana-and-possesses-mmj-card-purchase-firearm Nevada Medical Marijuana Program: https://dpbh.nv.gov/Reg/MM-Patient-Cardholder Registry
