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Medical Marijuana and Gun Ownership: What Florida Residents Should Know

Written by Moses & Rooth Attorneys at Law on January 11, 2018

More and more medical marijuana dispensaries are opening up in Florida. While this is great news for those who benefit from the drug to help with medical conditions, gun owners may want to take note. In Florida, you can’t be both a medical marijuana user and a gun owner. If you are found to be in possession of both a medical marijuana card and a gun, you could face serious federal charges.

While Florida allows both medical marijuana and concealed carry, the law does not allow a resident to have both rights. When a person purchases a firearm, this restriction is listed on the forms. Under federal law, a user of marijuana—even medical marijuana—is not allowed to legally purchase a gun. That’s because the drug, which has been decriminalized in many states, is still considered a Schedule I drug under federal law.

This is a situation where state and federal laws contradict each other. While the law has been challenged in court, the federal court upheld it, so it remains for now. The fact remains, though, that Florida residents are caught in a tough situation and must decide what is more important to them: medicine or the right to bear arms.

Gun Ban for Medical Marijuana Users

If you’re a user of medical marijuana in Florida, you are prohibited from engaging in the following activities:

  • Possessing a gun
  • Buying a gun
  • Using a gun
  • Selling a gun
  • Giving a gun as a gift
  • Transferring possession of a gun in some other way

According to the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, those who use marijuana in any form are prohibited from possessing firearms or ammunition under federal law. This is because marijuana is considered a dangerous and addictive drug that can cause erratic behavior. It is a Schedule I drug in the same category as LSD, mescaline, peyote and even heroin.

Even though the right to bear arms is a constitutional right, federal law trumps state law. Legal precedence has supported federal law. One woman even tried to challenge the law. She took her case to the 9th U.S. Circuit Court of Appeals, but unfortunately lost. This is unjust and causes a lack of freedom, but it is the law for now. Don’t try to use marijuana and own a gun unless you want to spend a decade in prison.

Contact an Orlando Criminal Defense Attorney

In Florida, guns and marijuana don’t mix. If you are a medical marijuana user in possession of a firearm, you could potentially face state and federal criminal charges.

Such a charge could change your life dramatically. You could spend time in prison and face difficulties securing employment. Your criminal record will be negatively affected for life. If you are in this situation, do not hesitate to contact an Orlando criminal defense lawyer. At Moses & Rooth Attorneys at Law, we will aggressively fight to protect your rights. Contact our offices today at (407) 377-0150 to discuss your situation with us and see how we can help.

Posted Under: Gun Laws, Marijuana

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