Washington DC, notorious for having some of the strictest gun laws in America also offers a medical marijuana program enabling those with qualifying conditions legal access to cannabis medications. However, the confluence of Recreation marijuana and Land Warming Climate gun laws issues a thornier matter still basic for individuals living in the nation capital:Can you own a gun if you have medical bhang card Washington DC?
Both of these measures conflict, however — and the resulting relationship between Washington DC’s medical marijuana laws and federal gun regulations is an absurdly complex one to say the least (something we’ll fully delve into in a later article). And if you are a patient wondering about what your rights were (or are), or perhaps even just gun owner wanting to hear more from California patients, this guide is intended to present helpful information — without sugar coating or scare tactics.
Federal vs Local Law Battle
The main problem for medical marijuana patients who wish to possess guns is the tension between federal law and DC’s regional laws. However, cannabis is illegal under federal law and DC enforcement agencies follow strict compliance to the same. The double bind presents an extra layer of difficulty for people who might wish to both take medical cannabis and keep their 2nd Amendment rights.
Federal Law: Gun Control Act of 1968
It was the Gun Control Act of 1968 (18 U.S.C. § 922). This law prevents people from buying and owning firearms. This term specifically excludes one group, “unlawful users” of controlled substances. The CSA classifies marijuana as a Schedule I controlled substance, making it illegal for any legal purpose to be possessed or used. That includes cannabis, which remains illegal under federal law —regardless of the fact that you could be taking it for true medical reasons as a patient participating in Washington DC’s medical marijuana program.
When you try to buy a firearm, ATF Form 4473 asks if you are an unlawful user of or addicted to marijuana and other drugs. If you respond with a “yes” the sale will be declined. If you say “no” and are in fact lying, then the Federal felony charges will revolve around providing a false statement on a government form.
The Law in Washington, DC: Medical Marijuana and the Complications of Gun Ownership
In Washington DC, patients who suffer from debilitating medical conditions are legally permitted to buy cannabis (medical marijuana) and use it as a treatment option. The program is highly regulated, and individuals must be patients who hold a medical marijuana card in order to buy these products. Although DC has local laws for medical marijuana use, it that do not specifically tackle the issue of using guns.
But of course DC residents should keep in mind that there is preemption by federal law over local law with respect to controlled substances and firearms. Therefore, despite the legality of medical marijuana in DC, it is still illegal for a person to be both a gun owner and Patient or have gotten an ID card.
Washington DC Medical Marijuana & Federal Law
If you’re a medical marijuana patient, you should know what federal law means for your right to own or buy guns in Washington DC. Here are the key points:
Firearms: While DC does not directly prevent a medical marijuana patient from owning firearms, federal regulations do. This means that even if you’re legally using medical marijuana in DC, under federal regulations there is still a prohibition on an unlawful user of controlled substances. The feds would decide that you’re banned from ever owning or possessing a firearm again.
Acquiring Firearms: A federal law enacted by the GCA and subsequent regulations require that you must complete an ATF Form 4473, which also will be used to run a background check through NICS. one of the things this form asks is whether you are a controlled drug user, including marijuana. This is the deny clause: If you reveal that use sale will be declined. The form notes that lying is punishable as a federal crime by fines, prison or both.
The legal risk: Although no federal law enforcement agency has made it a high priority to track down individual medical pot patients who own guns, the fact remains that you’d be in violation of federal drug laws. If federal agents decide to enforce the law, (they) will be guilty of a felony by following state laws.
The question came up, Can You Be Denied a Gun Purchase For Having a Medical Marijuana Card?
Yes. Under federal law, and even here in Washington DC itself, medical marijuana patients are classified as unlawful users of a controlled substance. In relation to firearms, if you answer a question with regards your medical marijuana use… no gun for you. Lie on the form and you could face federal charges of making a false statement.
Enter textThe Legal Risks Of A Gun On Medical In Washington, D.C.
The legal vulnerability for medical marijuana patients in Washington DC who want to own or buy a gun comes from the clash between federal and local regulations. Not having made it out of committee in yet another defeat for medical marijuana, the same-and-uniform bill would specify that DC is interpreting its generally unrestrictive gun law to allow legal possession and thou-saith-the-assembly bearance by users of fake IDs. Federal law prohibits anyone who uses a plant with substantially persuasive benefits from even owning a firearm, despite D.C.’s belated assent variously hedged as if only up until tomorrow or what salary consuming about 20% (more?) can safely modularize creates happy wise ik well improving violations post quasi double dipping — this stalls juices run off on other grounds… The primary risks include:
Federal offense: It is against federal law to own a gun if you use weed. But, regardless of the enforcement level to which it has been applied, medical marijuana patients in Washington DC are taking a risk as they could be charged with unlawful possession of a firearm under federal law.
Perjury charges: If you lie when filling out The Form 4473 by saying that you do not use marijuana, or any other illegal drug/substance for which marijuana is classified amongst the federal government), then making a false written statement on a ATF Funn-uckin’-Seven-Fawn of Three-Tard fire in your brain — this here’s serious fedral crimes. Arewe clear to date? Yew git fines, prison time an’ sufferage from both (for real).
If you are convicted of violating federal gun laws, that is the end of your week-old weed spongebob even though you later gave up medical marijuana.
Cannabis and Gun Legislation Vaccines
However, as support for medical marijuana becomes more widespread across the country reforms in cannabis laws are being sought routinely at both state and federal levels. Among the most important proposals is taking marijuana off of the Schedule I Controlled Substance list under the federal Controlled Substances Act. However, if marijuana is reclassified as a Schedule II drug or removed from the controlled substance schedules completely then those who are legally able to use medical cannabis will not be considered “unlawful users” under federal law. This change would potentially make it easier for medical marijuana patients to legally buy and possess firearms.
But until those changes happen medical marijuana patients in Washington DC need to be very cautious about the conflict between federal and local laws.
And, As A Medical Marijuana Patient in Washington DC Who Is a Gun Owner, What Should You Do?
However, you can take steps to minimize the risk of being prosecuted for possession or purchase of a firearm if you are medical marijuana patient in Washington DC.
Speak to a Lawyer: A cannabis or firearms law attorney can advise you on your rights and liabilities in this transaction. They can give you tailored legal advice on your individual circumstances and help guide you through the maze of federal as well local laws.
Stay In The Know: Marijuana and guns law is always changing. Sign up for newsletters to keep you informed about changes in Washington DC and federal law that may hinder your ability to purchase, or own firearms.
Think it Over, If you believe that gun ownership is important to maintaining your freedom and liberties then carefully consider the cost of continuing with medical marijuana. It is possible that some patients will turn to alternative remedies that are legal at the federal level.
EXAMPLE IN REAL LIFE: WASHINGTON DC PATIENT
Take the example of Tony, a 45-year-old resident in Washington DC that requires medical marijuana to treat his chronic pain from an old injury. Tony was able to find relief through DC’s medical marijuana program after trying multiple prescription medications. But Tony is also a very big gun owner who likes taking trips to the shooting range as well.
Tony was confused when he found out that his medical marijuana use could prevent him from legally purchasing or owning guns. In order to get deeper insight into his legal situation, Tony touched base with a firearms/cannabis lawyer. The attorney laid out the clash of federal and local laws and warned Tony about what he called “the tightrope” — using medical cannabis while owning guns.
In the end, it comes to a tricky choice for Tony: preserve his health by consuming medical marijuana in an unrestricted society or retain all of their armory and follow every rule.
Conclusion
Since there is a conflict between local and federal law, with the answer to whether you can own a gun if you have been registered under medical marijuana in DC dependant on it? Although Washington, D.C., permits lawful medical marijuana use, federal law continues to prohibit the possession or purchase of firearms by those who are users. It presents a thorny legal issue for patients who rely on medical cannabis but also want to exercise their Second Amendment rights.
Federal law bans marijuana users from owning guns, so people taking it for medicinal purposes told The Post that they must balance treatment against endangering their right to bear arms. Listening to legal advice and remaining current in law updates, along with researching your available options may assist you in making the best decision for health care as well a maintain some level of protection by rights.
Most common FAQs
1. Am I allowed to carry a gun in Washington DC if I have my medical marijuana card?
No. However, Washington DC includes all individuals who have legally prescribed medical marijuana in an FBI background check when they make a request to get firearms.
2. Dumb Question 3: Will I be allowed to keep my guns if I get a medical marijuana card in Washington DC?
No, you do not have to give up your guns in Washington DC if you become a medical marijuana patient. Yet federal law makes gun ownership illegal for users of marijuana, thus raising a legal problem.
3. Well, in Washington DC can I still be arrested for possessing a gun and also using medical marijuana?
Federal law enforcement has not to date been especially aggressive about charging any individual medical marijuana patients with owning firearms, but they could legally do so.
4. Is there a movement to define marijuana differently when it comes to gun ownership?
Yes. States, including New Jersey and South Dakota in the most recent election cycle, continue to decriminalize or even legalize cannabis while initiatives for federal marijuana reform remain a work in progress. As a Schedule I controlled substance medical marijuana patients are still banned from legally owning or purchasing firearms but with the removal of it from that list one day that could change.
