As medical marijuana becomes more culturally relevant in the United States, Virginia residents are investigating how it could score them an opportunity to decrease their chronic pain issues—outlet for untreated anxiety and PTSD—and myriad of other semi-formal-sounding conditions. Last year Virginia passed a law giving those with qualifying conditions the ability to access medical marijuana legally. But some patients worry about other rights, especially gun ownership. Possibly the most common question of all is: can you have a gun with a medical marijuana card in Virginia?
Read this step-by-step guide to know more on how Virginia medical marijuana law interacts with federal gun regulation New federal gun storage guidelines for medical cannabis patientsIf you have a doctor who recommends or prescribes medical marijuana, and you own guns (as millions of Americans do), this piece updates guidance on what the law may mean for your situation. If you are new to using medicinal pot — as it is often known in common parlance – or if experience has left with various impressions that seem contradictory, we will set forth empathetic, clear advice.articles.mercola.
Fifth Amendment and the Federalism Nature of Law vs. State Veterinary Practice Acts
The question of gun ownership and medical marijuana users is further muddied by the discrepancy between state law (some 29 states, plus D.C., have legal MMJ) and federal regulations. Virginia decriminalized the use of marijuana for medical purposes FYI, but under federal law cannabis is still illegal. The contradiction between the state and federal levels represents an issue for individuals who would like to utilize medicinal cannabis but still exercise their Second Amendment rights.
Federal Law: Gun Control Act of 1968
Gun control in the U.S. is its procedure, rules and laws that one must observe when it comes to purchasing firearms legally.[2] Gun ownership are susceptible unto federal guns possessors regulation lower than GCA of 1968 (18 u.s.c. §922) contents)<= Guns._ации This law prohibits specific persons from receiving or possessing firearms. One category that is explicitly bars are “unlawful users” of controlled substances. The Controlled Substances Act (CSA) lists marijuana as a Schedule I controlled substance. In practical terms, this means marijuana remains illegal under federal law even if you are using it legally pursuant to the new Virginia state medical cannabis program.
If you are buying a gun in the United States from a federally licensed dealer, you have to fill out ATF Form 4473. This form have the question of do you use controlled substance, including marijuana and if yes which one. If the answer is “yes,” then the sale would be denied. A lie by stating “no” could be facing federal felony charges for a false statement on a government form.
Virginia Law: Guns and Medical Marijuana
For Virginia, the medical cannabis program provides relief to individuals suffering from certain conditions who can buy medications at a licensed dispensary. Everything is legal because these products are federally regulated and the amount of THC and CBD that can be present in them ranges from 0% to.3%. While the state allows medical marijuana use, Virginia law doesn’t forbid them from owning guns (though this is where federal law comes in).
Even though the use of medical marijuana is legal in Virginia, federal law still looks at it differently when it comes to firearms. Consequently, federal law still sees medical marijuana patients as unlawful users of a controlled substance and therefore disallowed from owning or purchasing firearms.
The Effect of Federal Law on Virginia Medical Marijuana Users
As a medical marijuana patient in Virginia, you might be wondering how federal law affects your gun ownership rights.
Virginia law: Virginia does not specifically prohibit medical cannabis patients from owning firearms, but federal law does. In the eyes of federal law, you are still regarded as an unlawful user of a controlled substance even if your medical marijuana use in Virginia is legal. This makes you a prohibited person under federal law, meaning that it is unlawful for you to have guns.
Firearm Purchases: If you try to purchase a firearm via a federal licensed dealer, then your ATF Form 4473 will need to filled out. This form wants to know if you do any drugs (yes chance docs DO read between the lines- and this part actually says “OF COURSE no one is going to say YES I use controlled substances! Fill it out anyway). They will deny your sale if you reveal that a medical marijuana purchase was performed. Check a box in the form commiting perjury, which is punishable by fines and/or up to five years of imprisonment
And so while federal authorities have not gone after individual medical marijuana patients for possessing firearms, the legal risk is still there. If federal authorities opt to intervene, they could charge medical marijuana patients who possess firearms with illegal possession of a firearm.
Can You Get Refused a Gun Purchase for Having A Medical Marijuana Card?
Yes. Federal law still considers a medical marijuana patient to be an unlawful user of controlled substances, which is true even if they participate in Virginia’s program. So, if you try to buy a gun legally at any licensed dealer and disclose that information about weed use — the sale will be denied. Filling out the form dishonestly is a violation of federal law, which can be punishable by stiff consequences.
Can GUN Owners Use Cannabis?>> THE LEGAL RISKS OF OWNING…
The legal peril of owning or buying a gun as an individual holding the state sanction in Virginia centers around clash between state and government law for individuals who qualify to have therapeutic pot. Although it is legal to use cannabis for medical purposes in Virginia, the federal government also legally bans ownership of a gun by anyone who uses marijuana. The primary risks include:
Federal Laws: Being a federal offense, A marijuana user will be in violation of law then no guns for you! While enforcement has been spotty, medical marijuana patients who are gun owners risk prosecution for illegal possession of a firearm under current federal law.
To be clearer, perjury is when you lie on ATF Form 4473 by not admitting to your use of marijuana — and it’s a federal offense that carries financial penalties as well as time behind prison bars.
Revocation of Gun Rights: A conviction for a federal gun offense can mean you will be barred permanently from owning or possessing even if cease using medical marijuana at some later time.
What May be Changing for Cannabis and Guns
Cannabis regulations are changing and reform of cannabis laws is being worked on in some states, many parts of Canada, at the federal level for all US citizens. One of the biggest changes would be taking marijuana off the list of Schedule I controlled substances under federal law. Rescheduling or descheduled marijuana would exclude medical marijuana patients from the “unlawful user” definition under federal law. This would give them the right to legally possess and buy firearms.
Until then, patients who wish to possess firearms as well as medical marijuana will struggle with the mismatch of federal gun laws and Virginia’s medicinal canopy program.
So What Has a Medical Marijuana Patient in Virginia to Do If They Wish To Own A Gun?
Therefore, if you are a medical marijuana patient in Virginia and worried about your ability to own or buy firearms here is what steps you can take to shield yourself:
Lawyer Up: A cannabis or firearm law attorney can explain your guns rights and risks. These experts can give you personalized legal advice tailored to your situation, and help you successfully navigate the complicated web of state and federal law.
Check Back: The legal environment in regards to cannabis and firearms is always changing. Whether you own firearms or want to, keep yourself informed about anything that can affect your right under Virginia and federal law.
Limit Your Legal Exposure: If owning a gun is important to you, and then simply decide whether the legal risks of continuing with medical marijuana use outweighs that. Thus, some patients may opt to seek other treatments that do not violate federal law.
Example from Real Life: Virginia Patient
Consider the case of Sarah, a 38-year-old Virginia woman who uses medical marijuana to help control her chronic pain. Sarah had tried other medications over the years, but she said nothing worked until Virginia’s medical marijuana program. Sarah, however, is also a sportswoman and likes to visit the shooting range with her family. But when she tried to buy a new gun and the store’s background check returned three “deny” answers, one of which was medical marijuana related, Mulvey knew her card had undermined her second amendment rights.
Sarah was left feeling confused and frustrated — so she reached out to a cannabis-friendly firearms lawyer. The attorney went around the barn explaining state versus federal law to Sarah and risks for both still using medical marijuana as well as owning firearms. Finally, it came down to a choice for Sarah: keep her health and smoke (legally) or ditch the legal medical marijuana in exchange of possessing firearms with no potential issue.
Conclusion
With the conflicted maze of laws between states and federal government, this practically means you cannot own guns at all if you have a medical marijuana card in Virginia. However, power over gun ownership is still in the hands of federal law makers as well as parishioners with medical marijuana user cards. As you can see, for patients who use medical cannabis but also want to obtain a gun or carry concealed legally this creates complex legal problems.
The issue highlights the catch-22 for medical marijuana patients in Virginia, who need to decide how much risk they want to take with their Second Amendment rights unless federal laws regarding cannabis change. Unfortunately, because of the tricky legal status and lack of updates on Federal law changes in Florida legislation regarding guns (and federal firearm restrictions) — changing medications is likely your best bet to continue protecting yourself as a medical marijuana patient and/or gun owner.
Commonly Asked Questions (FAQ)
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My favorite is “Can I buy a gun in Virginia with my Medical Marijuana card?
No. Although Virginia has a medical marijuana program that permits legal cannabis use to patients, federal law prevents those who consume pot from buying guns.
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Will I Lose My Guns if I Get a Virginia Medical Marijuana Card?
No, Virginia does not require that you relinquish firearms when becoming a medical marijuana patient. But federal law prohibits marijuana users from having guns, which in the most extreme cases can result in criminal prosecution.
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Will I be Arrested for Having a Gun and Medicinal Marijuana?
Although federal enforcement has been sporadic, medical marijuana patients could face charges for unlawful possession of a firearm since it is illegal under 18 U.S.C.
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So is there legislation in the wings to alter federal law on guns and marijuana?
Yes. Both at the state and federal levels there are current initiatives to change cannabis legislation. Should marijuana be reclassified from a Schedule I controlled substance, medical weed proponents could potentially own and buy firearmsPosted byCNRAug.
