Medical marijuana and gun ownership possession

[Yo Mama]

I understand you will not be allowed to fill out a Federal Form to purchase a firearm from a dealer if you have a medical marijuana card. Past that the question I have is do you have to give up the Firearms you currently own if you get a medical marijuana card? It appears there's a conflict between state and federal law which I understand however for practicality sake I want to make sure that I do not lose my gun rights if I do obtain a medical card.

 

[Theohazard]

If you're a user of marijuana -- even state-legal marijuana -- you are a prohibited person. That means you can't be in possession of firearms or ammunition under federal law. You can't own firearms, you can't shoot firearms, and you can't even handle firearms. You can't even live in a house where firearms are present unless those firearms are always secured against you accessing them.

Since that's federal law, it trumps any state laws regarding marijuana usage. Remember, anyone smoking marijuana in a state where it's legal is still breaking federal law. Just because the federal government isn't currently cracking down on state-legal marijuana use, that doesn't mean it's not still illegal.

Check out this open ATF letter on the subject:

https://www.atf.gov/file/60211/download

 

[MedWheeler]

Theohazard writes:

If you're a user of marijuana -- even state-legal marijuana -- you can't be in possession of firearms or ammunition under federal law.

There is nothing ambiguous about this. Go to the link Theohazard provided in post 2 and read the third paragraph. It's pretty clear.

You will not necessarily lose your firearms rights if you obtain a MMJ card. But you will as soon as you use what the card gets you.

 

[Wisco]

I just did a very quick bit of research. Marijuana is a Schedule I drug. It cannot be prescribed by a physician. There is no way to legally use it in the US.

I'd provide a cite, but this is pretty basic googlery.

The card doesn't make you prohibited, but using marijuana does.

 

[Frank Ettin]

The OP has his answer, and there's nothing further to discuss. We've already had many discussions on the subject, and further discussion won't change the conclusion.

A lot of folks don't like the conclusion, but it is what it is. Anyone who doesn't like it can become politically active to try to change things.