The ATF has also explicitly stated that this includes those in legal possession of a medical marijuana card. Therefore, if you have an MMJ card, you can't request a weapon, and vice versa. Will you lose your concealed weapons permit if you get a medical marijuana license? It depends on your state of residence. While the BATFE and federal courts provide guidance on the possession and sale of firearms, state courts will decide how to interpret the effect of medical marijuana licenses on concealed gun permits, according to their state laws.
Strong arguments can be made that even in the strictest “must issue” states, the act of obtaining a MMJ does not interfere with a CWP. However, state legislatures would do well to clarify their statutes as to their intention. This remains a developing area of law that may ultimately become debatable through a federal reclassification of marijuana under the Controlled Substances Act. While many states have voted to legalize medical cannabis, many voters may not know that legalization has some limitations.
The law states that you cannot have a concealed carrying license and a medical marijuana card. So can medical cannabis patients have weapons? Not. If you already have your license to carry a concealed firearm, can you “co-possess” a medical marijuana card? Technically yes, but I would still break federal law when buying weapons or ammunition. This goes back to the last paragraph (above) and the fact that marijuana is still considered a federally banned substance.
People who use a prohibited substance, or those who are addicted, cannot legally be sold weapons or ammunition in accordance with section 922 (d) of the Gun Control Act 1968. Even if the patient obtained the card to use medical marijuana under state law, the patient would be treated as a criminal. For example, a person with mental health problems, a violent criminal record, or a medical marijuana card cannot buy a firearm. Even though 36 states now have at least some form of marijuana legalization in place and more than a third of the country thinks marijuana should be legalized, the plant and its extracts remain a Schedule 1 controlled substance. Despite the fact that medical marijuana has been voted legality in most states, the federal government still considers it a Schedule 1 drug.
Therefore, since federal laws override state laws, you cannot own a gun if you have a medical marijuana card. If you are being treated for a debilitating medical condition, such as cancer, glaucoma, Crohn's disease, or chronic pain, you may be eligible to get a medical marijuana card. In short, under federal law, a person cannot have a medical marijuana card and a concealed carry license (CCL) at the same time. Although Pennsylvania statute allows a citizen of the Commonwealth to hold a validly issued Medical Marijuana Card, possess approved forms of medical marijuana, and have a valid license to carry firearms, it is illegal under federal law.
This means making sure your firearms comply with state regulations and having a Virginia marijuana card if you are going to possess and use medical marijuana. Employers and employees should take note of their state law and recognize that federal law supersedes state law, especially when it comes to medical marijuana and the purchase, acquisition, possession, or control of a firearm. If you already own a gun and are applying for a medical marijuana card, the law becomes even more complicated. At the state level, there are no laws that explicitly state that medical marijuana cardholders cannot have gun permits or vice versa.
But how does being on a Virginia medical marijuana patient registry affect your right to have a firearm or have a CCW?. In fact, no state that has legalized medical marijuana shares this information at the federal level. Having a Connecticut medical marijuana card prohibits you from obtaining a Connecticut handgun permit because marijuana is a list one drug. .
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