Can You Own A Gun With Medical Marijuana?
The intersection between marijuana usage and gun ownership is complicated. Federal law intersects with state laws and can create confusing rules about whether or not you can own a gun with a medical marijuana card.
State and federal laws on marijuana usage are evolving. Understanding how marijuana laws impact gun ownership laws can be confusing. It’s important to understand these laws and how they apply to you.
If you’re facing legal charges related to gun ownership and marijuana usage, contact Campbell Law today. We may be able to help you defend yourself against charges involving gun ownership and marijuana.
Marijuana and Owning a Gun: Federal Law
In Mississippi, medical marijuana usage is legal under certain circumstances with a qualifying medical condition. Medical marijuana has strict limitations on possession amounts and how it can be used.
However, federal law classifies marijuana as a
Schedule I controlled substance and views marijuana possession as illegal.
Federal Law and Gun Ownership
Federal laws about marijuana state that anyone who uses marijuana is prohibited from possessing a firearm, even if marijuana usage is legal under state law. However, states partly control gun ownership, so it becomes more complex.
Medical Marijuana and Guns
Having a medical marijuana card doesn’t change the legality of gun ownership. In Mississippi, the Mississippi Medical Cannabis Act prevents discrimination against medical marijuana card holders, including restricting the ability to possess a gun. Because of Section 8(3) of this Act, you can own a gun if you have a medical marijuana card in Mississippi.
However, using medical marijuana or having a medical marijuana card prevents individuals from being able to have a concealed carry permit. To get a concealed carry permit, you have to register with a federal database, which will deny medical marijuana users.
Federal Penalties for Gun Possession and Marijuana Use
Although gun ownership is legal with a medical marijuana card in Mississippi, there are still federal regulations that complicate the situation. Other federal regulations about gun ownership supersede Mississippi laws, including those about gun sales and using drugs while possessing a gun.
A gun owner who admits to using marijuana could face serious consequences, including losing the right to possess firearms.
Federal law requires background checks when purchasing guns in most situations, which includes questions about drug usage. In the process of purchasing a gun, if a gun owner lies about marijuana use, they face the risk of being charged with felony perjury. Similarly, anyone who knowingly sells a firearm to someone who uses marijuana could face up to 10 years in prison.
Someone found in possession of a firearm while using marijuana can be charged with a federal crime with a penalty of up to 10 years in prison.
Contact an Attorney
The laws and judgments related to marijuana usage are constantly changing. It can be difficult to understand what the laws mean and how they apply to you.
If you’re facing marijuana and gun charges, you should contact an attorney as soon as possible. The consequences of marijuana-related gun charges can be serious.
Contact Campbell Law today to schedule a consultation to learn more about how we may be able to help you.
Jason E. Campbell
Attorney
Attorney Jason E. Campbell was born and raised in Greenville, Mississippi, and serves clients in the northern and central Mississippi areas with divorce, custody, criminal, and personal injury legal services. A graduate of Delta State University and Florida Coastal School of Law, Jason is dedicated to helping his clients throughout the legal process with compassion and determination.
Campbell Law Firm, P.A.
