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, Ed Riley, breaks down the latest in Virginia law for marijuana use in regards to possessing and owning a firearm.
In Virginia, under Code Section 18.2-308.4, it is illegal to be in simultaneous possession of a firearm and more than one pound of marijuana. Virginia creates an exception to the possession of marijuana under Virginia Code Section 18.2-250.1 Subsection C, which states, “it is an affirmative defense if marijuana is in the form of cannabidiol oil or THC oil and the individual possessed such oil pursuant to a valid written certification issued by a practitioner in the course of his professional practice to alleviate the symptoms of the diagnosed condition or disease.”
It’s important to note, however, that marijuana is a Schedule 1 controlled substance according to federal law. This means that a prescription cannot be written for marijuana because of its status as the Schedule 1 controlled substance. Federal law makes it unlawful for a person who is an unlawful user of marijuana to ship, transport or possess a firearm.
Additionally, the use or possession of marijuana remains unlawful under federal law, regardless of whether it has been legalized or decriminalized for medical or recreational purposes in the state where you reside, which includes Virginia.