Firearms and Medical Marijuana: What is the law in Florida?

Video Transcript.

Legalization of medical and recreational marijuana have been spreading across the states, leading to increased struggles between state and federal legislation. But what does this mean for responsible gun owners? U.S. LawShield Independent Program Attorney, David Katz, breaks down the latest in Florida law for marijuana use in regards to possessing and owning a firearm.

Although Florida will issue medical marijuana user identification cards, the state does not recognize out-of-state medical marijuana cards. If you are traveling to Florida and have a valid medical marijuana card from another state, it is not recognized here. Furthermore, the use of marijuana, although legal in the State of Florida for certain medical conditions, is still illegal under federal law regardless of state law. This creates many issues for those whose medical needs can be best treated by marijuana use. One specific area of interest to U.S. LawShield members is medical marijuana use and firearm ownership and possession.

Under federal law, marijuana is listed as a controlled substance on Schedule 1 of the Controlled Substances Act. Since state law does not trump federal law, even in states that allow recreational or medical marijuana, possession is still a federal crime. Further, federal law states that any person who is an unlawful user of, or addicted to any controlled substance, is prohibited from shipping, transporting, receiving, or possessing firearms or ammunition. Importantly, federal law also makes it illegal for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is an unlawful user of or addicted to a controlled substance.

Finally, Federal Firearms Licensees, including all gun stores, may not knowingly sell a firearm or ammunition to a person who possesses a medical marijuana card under the Bureau of Alcohol, Tobacco, Firearms & Explosives’ (ATF) interpretation of the law. The possession of a medical marijuana card is reasonable cause to believe that the person is an unlawful user of a controlled substance.

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Until the federal government changes the law and removes marijuana from its list of controlled substances, owning a firearm while being a user of marijuana for medical or recreational purposes will remain illegal under federal law.

Further, we have seen members arrested in Florida by the ATF for having a firearm in their possession when there were admissions to using marijuana regularly, even though they had no marijuana on them at the time.

Should you have any questions about the use of medical marijuana and the ownership or possession of a firearm, or any other firearm-related legal question, please feel free to give U.S. LawShield a call. As always, thank you for being part of the U.S. LawShield family.

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Comment section

7 comments on “Firearms and Medical Marijuana: What is the law in Florida?

  1. I think this must be dealt with ASAP. Or you might as well take away every gun from people who drink. This is ABSURD to say the least. The government needs to deal with this so we can defend our homes.

  2. I own a firearm in Florida can I just leave the firearm at a relatives house so I won’t be in possession …And surrender my concealed weapons permit and obtain a medical marijuana card? I asked Department of agriculture division of licensing’s they said technically yes?

  3. This makes no sense – can’t the politician not find agreement that’s good for all states?
    Do medications, prescribed by a doctor, fall under the same law? If yes, everybody that takes XANAX or other ‘controlled substances’ can not have a weapon anymore?

  4. this is the definition of INSANITY. Why can’t the Legislators agree that drinking is far worse than medical marijuana at least we still know what is going on. Also I have never of anyone using medical marijuana blacking out or shooting the wrong burglar. So please fight for our “Rights”!!!!!!

  5. My friends this is your fine Gov your fine country we live. Bull. Americans wake up. This is absolutely a way for the government to take your gun rights away. When you have people on opiods that own and poses a gun and conceal carry permit. Why? Because opiods are federally legal although the same schedule 1 drug. People your politicians dont give a hoot about you or your rights. Especially when your fine gov’t and country are the most corrupt then any other place in the world. Our fine gov’t is involved in conspiracy,drugs,and money laundering among other things. And at the very highest of our gov’t too. Dont believe me? Watch the movie black mass and then your mind will be open to exactly just what our gov’t is into and does. Just because those guys got caught it aint ended nothing. The gov’t tied there loose end up when they killed whitey bulger during moving him to another place. JFK. And many many more that know too much.

  6. Klaus, if you read the artical again you will see it says unlawful use of. But nonetheless, the federal and state should not have a conflict. As far as alcohol which is tied to more more deaths not only in this nation but others as well, is the the big money maker for the government. Same goes for cigarettes. The numbers are published on our very own immoral crooked government web sites. There is more lobbyist money lining the pockets of our government and no one has time to do any research to see just how crooked they are and start calling, emailing or write a letter. Research top 10 killers in America. You will be astounded they are connected directly with cigarettes and alcohol nothing more nothing less. The opioid crisis is nothing but a problem that was created by the DEA and they are using everybody else as scapegoats to shed the light away from them. American, WAKE UP!!!!!

  7. So what about
    Section 29(a)(1) of the Florida Constitution clearly states:

    The medical use of marijuana by a qualifying patient or caregiver in compliance with this section is not subject to criminal or civil liability or sanctions under Florida law.

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