If you’re a resident of New Jersey and have a medical marijuana card, you may be wondering how your cannabis use affects your ability to own or purchase a firearm. With New Jersey’s expanding Medical Marijuana Program helping thousands of residents manage their health conditions, questions about how state and federal laws interact are becoming more common—especially around gun ownership. The confusion largely stems from the difference between New Jersey’s medical marijuana laws and federal gun regulations.
This article will help you understand the legal issues surrounding medical marijuana and gun ownership in New Jersey. Whether you’re a new patient or have been using medical cannabis for some time, this guide will clarify what you need to know about balancing your Second Amendment rights and your ability to seek medical cannabis treatment.
The Conflict Between Federal and State Law
The primary challenge for medical marijuana patients who wish to own firearms is the conflict between state and federal law. New Jersey has legalized medical marijuana under the Jake Honig Compassionate Use Medical Cannabis Act, allowing patients to use cannabis to treat a variety of medical conditions. However, marijuana remains classified as a Schedule I controlled substance under the federal Controlled Substances Act (CSA), meaning it is still illegal at the federal level.
Because firearms are regulated by both state and federal law, this conflict creates legal complications for medical marijuana patients. Let’s take a closer look at the federal laws that govern gun ownership.
Federal Law: The Gun Control Act of 1968
The Gun Control Act of 1968 (18 U.S.C. § 922) is a federal law that regulates who can legally own and purchase firearms. Under this law, individuals who are considered “unlawful users” of controlled substances, including marijuana, are prohibited from owning or purchasing firearms. This applies even if marijuana use is legal under state law.
When purchasing a firearm from a federally licensed dealer, you will be required to complete 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 consequences for committing perjury, which is a federal crime punishable by fines and imprisonment.
New Jersey Law: Medical Marijuana and Gun Ownership
New Jersey’s state law does not explicitly address the issue of medical marijuana patients owning or purchasing firearms. The state’s Medical Marijuana Program allows patients with qualifying conditions to legally obtain and use cannabis, but it does not provide any protections from federal law regarding firearms.
In fact, New Jersey has some of the strictest gun laws in the country. While the state has legalized medical marijuana, it also requires background checks and permits for firearm owners. However, whether you can buy or possess a gun in New Jersey as a medical marijuana patient is ultimately governed by federal law.
How Federal Laws Impact Medical Marijuana Patients in New Jersey
If you are a medical marijuana patient in New Jersey, here’s how federal law affects your ability to own or purchase firearms:
- Owning Firearms: While New Jersey law does not explicitly prevent medical marijuana patients from owning firearms, federal law prohibits marijuana users from possessing firearms. This means that even if you legally own a gun under state law, you may be in violation of federal law if you are a medical marijuana user.
- Purchasing Firearms: When you purchase a gun from a federally licensed dealer, you must complete ATF Form 4473. If you admit to using marijuana, your purchase will be denied. If you lie on the form, you could face serious legal consequences, including fines and imprisonment.
- Legal Risks: Although federal enforcement against individual medical marijuana patients has been rare, the possibility still exists. If federal authorities choose to enforce marijuana-related gun laws, you could face charges for unlawful possession of a firearm.
Can You Be Denied a Gun Purchase for Holding a Medical Marijuana Card?
Yes. Under federal law, medical marijuana patients are considered “unlawful users” of a controlled substance, which means they are prohibited from purchasing firearms. If you try to buy a gun from a licensed dealer in New Jersey, you will be required to answer questions about your marijuana use on ATF Form 4473. Admitting to using marijuana will result in your gun purchase being denied.
Additionally, lying on the form is not a viable option, as it is a federal offense that can result in steep penalties, including imprisonment.
The Legal Risks of Owning a Gun as a Medical Marijuana Patient
Even though New Jersey may not actively prevent medical marijuana patients from owning guns, the conflict with federal law creates legal risks. Here are some key concerns to keep in mind:
- Federal Charges: Federal law prohibits marijuana users from possessing firearms, and this restriction applies even if you are legally using medical marijuana under state law. Although federal enforcement has been inconsistent, there is still a risk of facing federal charges for unlawful possession of a firearm.
- Perjury Charges: If you lie on ATF Form 4473 and claim that you do not use marijuana when in fact you do, you could be charged with perjury. This is a serious federal crime that could result in significant fines, prison time, or both.
- Loss of Gun Rights: If you are convicted of violating federal gun laws, you could permanently lose your right to own or possess firearms, even if you stop using medical marijuana in the future.
Potential Changes in Cannabis and Gun Laws
The legal landscape surrounding cannabis and firearms is evolving, and there are ongoing efforts at both the state and federal levels to reform cannabis laws. One major proposal is to remove marijuana from the list of Schedule I controlled substances under the Controlled Substances Act. This change could resolve the conflict between state medical marijuana programs and federal firearm regulations.
If marijuana were no longer classified as a Schedule I controlled substance, medical marijuana users would no longer be considered “unlawful users” under federal law. This would allow medical marijuana patients to purchase and own firearms without violating federal regulations. However, until such changes are made, medical marijuana patients in New Jersey must continue to navigate the legal gray area created by the conflict between state and federal laws.
What Should You Do if You’re a Medical Marijuana Patient in New Jersey and Want to Own a Gun?
If you are a medical marijuana patient in New Jersey and are concerned about your ability to own or purchase a firearm, there are several steps you can take to protect yourself:
- Consult a Lawyer: A lawyer who specializes in cannabis or firearms law can help you understand your legal rights and risks. They can provide you with personalized advice based on your specific situation and help you navigate the complex legal landscape.
- Stay Informed: Keep up to date with any changes in state or federal laws that could impact your ability to own or purchase firearms. The legal landscape surrounding cannabis is constantly evolving, especially as efforts to reform federal marijuana laws continue.
- Weigh the Risks: Owning a firearm while using medical marijuana comes with legal risks. Some patients may choose to explore alternative treatments that do not conflict with federal law if gun ownership is a high priority.
Real-Life Example: A New Jersey Patient’s Dilemma
Let’s consider the story of Mark, a 45-year-old New Jersey resident who suffers from chronic pain due to a car accident. After years of trying various medications, Mark found relief through the state’s Medical Marijuana Program. Cannabis has helped him manage his pain and improve his quality of life.
However, Mark is also a gun owner, and when he applied to purchase a new firearm, he was worried about how his medical marijuana use might affect his ability to buy the gun. After researching the issue, Mark learned that while New Jersey law does not prevent him from owning firearms, federal law considers marijuana use illegal regardless of state rules.
To avoid any legal issues, Mark decided to consult with a lawyer. The lawyer explained the federal restrictions on firearm ownership for marijuana users and advised Mark to be cautious about purchasing new firearms while using medical cannabis. Understanding the risks, Mark chose to keep his existing firearms but decided not to buy any new ones until federal laws change.
Conclusion
The question of whether you can own a gun if you have a medical marijuana card in New Jersey is complicated by the conflict between state and federal law. While New Jersey allows for the legal use of medical marijuana, federal law still considers marijuana users “unlawful users” of controlled substances, prohibiting them from owning or purchasing firearms.
Until federal marijuana laws change, medical marijuana patients in New Jersey who wish to own or purchase firearms must navigate this legal gray area cautiously. Consulting with a lawyer, staying informed about legal developments, and carefully weighing the risks 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 New Jersey if I have a medical marijuana card?
No. While New Jersey allows medical marijuana use under state law, federal law prohibits individuals who use marijuana from purchasing firearms, even if it is legal at the state level.
2. Will I lose my existing firearms if I get a medical marijuana card in New Jersey?
No. New Jersey 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 New Jersey?
While federal enforcement has been rare, it is still possible for medical marijuana patients who own firearms to face federal charges for unlawful possession of a firearm. 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. Changes to the classification of marijuana under federal law could potentially resolve the conflict between medical marijuana use and gun ownership in the future.
