Can I Own A Gun If I Have A Medical Card in Vermont?

If you’re a Vermont resident who uses medical marijuana or is considering applying for a medical marijuana card, you might be wondering about your rights when it comes to owning a firearm. After all, both cannabis and gun ownership are topics that can spark passionate discussions, and navigating the intersection of these two issues can feel overwhelming. In this article, we’ll break down the laws, provide clear answers, and help you understand the implications of having a medical marijuana card on your right to own a firearm in Vermont.

Understanding Vermont’s Medical Marijuana Laws

Vermont has been at the forefront of medical cannabis reform, legalizing medical marijuana in 2004. If you have a qualifying condition, such as chronic pain, PTSD, or cancer, you may be eligible for a medical marijuana card in the state. With this card, you’re allowed to legally purchase and possess cannabis for medical use, following the laws established by the Vermont Marijuana Registry (VMR).

While Vermont’s medical marijuana laws are relatively progressive, it’s important to remember that cannabis is still considered a Schedule I substance under federal law. This federal prohibition creates a conflict between state and federal regulations in several areas, including gun ownership.

The Federal Law on Firearms and Marijuana

Even though Vermont allows medical marijuana, federal law takes precedence when it comes to gun ownership. Under the federal Gun Control Act of 1968, it’s illegal for anyone who is an “unlawful user of or addicted to any controlled substance” to possess firearms. Since marijuana is still classified as a controlled substance at the federal level, this means that anyone who uses marijuana—whether for medical or recreational purposes—is technically prohibited from owning or purchasing a firearm.

When you apply to purchase a firearm, you’re required to fill out ATF Form 4473, which includes a question asking if you are an unlawful user of controlled substances, including marijuana. Answering “yes” to this question will disqualify you from purchasing a firearm. Lying on the form by answering “no” can result in serious federal penalties, including fines and imprisonment.

State vs. Federal Law: What Does This Mean for Vermont Residents?

In Vermont, state law permits the use of medical marijuana, but this does not override federal law. Therefore, if you have a medical marijuana card in Vermont, you may still be prohibited under federal law from owning a firearm.

It’s important to note that Vermont itself does not have any specific laws that prohibit medical marijuana patients from owning guns. However, the issue arises from the conflict between state laws that allow medical marijuana and federal laws that restrict gun ownership for users of controlled substances.

What Are the Risks of Owning a Gun with a Medical Card in Vermont?

While Vermont may not impose penalties for owning a firearm as a medical cannabis patient, owning or purchasing a gun while using medical marijuana could expose you to risks under federal law. The federal government could potentially prosecute individuals who are found to be in violation of the federal Gun Control Act, even if they are in compliance with Vermont’s medical marijuana program.

Additionally, lying on the ATF Form 4473 could result in severe legal consequences, including fines and jail time. The federal government takes this issue seriously, and there have been cases where individuals have been prosecuted for making false statements on this form.

Real-Life Example: What Happens in Practice?

While Vermont law enforcement generally prioritizes enforcing state laws over federal ones, the reality is that federal law still applies. For example, let’s say Jane, a Vermont resident, legally obtains a medical marijuana card for chronic pain relief. Jane also owns a firearm for personal protection. If Jane were to attempt to purchase a new firearm, she would be required to disclose her marijuana use on ATF Form 4473. If Jane answers honestly, she will be denied the purchase. If she lies, she risks federal prosecution.

In practice, it is rare for federal authorities to actively seek out medical marijuana patients who own firearms, but the risk remains. Especially during background checks or federal investigations, having both a medical marijuana card and a firearm could lead to legal complications.

What About Recreational Marijuana Users?

Vermont also allows for the recreational use of marijuana, but the same federal rules apply. Whether you use cannabis for medical reasons or recreationally, the federal government still considers you an unlawful user of a controlled substance if you use marijuana. This means that recreational users in Vermont face the same restrictions on gun ownership as medical marijuana patients.

Is There a Path Forward?

Unfortunately, until federal law changes, the conflict between federal and state laws will continue to create challenges for medical marijuana patients who wish to exercise their right to bear arms. Advocacy groups are working to change federal cannabis laws, but for now, the safest course of action is to understand the risks and make an informed decision about whether to possess or purchase a firearm while using medical marijuana.

Conclusion

If you have a medical marijuana card in Vermont and are considering owning a firearm, it’s crucial to be aware of the legal landscape. While Vermont’s state laws are supportive of medical marijuana use, federal law still prohibits gun ownership for anyone who uses marijuana, even for medical purposes. This creates a conflict that can put well-meaning individuals in a difficult position.

Ultimately, the decision to own a firearm while being a medical marijuana patient is a personal one, and it comes with potential risks. The best approach is to stay informed, follow both state and federal laws, and seek legal advice if necessary. As the legal landscape evolves, there may be changes in the future that better align state and federal policies on this issue.