Can You Own A Gun After Your Medical Card Expires? (Medical Marijuana & Guns)

The relationship between medical cannabis and gun rights is often questioned. Namely, can you own a gun with a medical cannabis card? Does being a medical cannabis patient affect the individual’s second amendment right to bear arms? And, can you own a gun after your medical card expires? 

Well, these questions can’t be answered with a simple yes or no. Technically, because cannabis is still federally illegal, it is still considered a Schedule 1 drug. Therefore, those with their medical marijuana cards are thought to be using a controlled substance, and, as a result, federal law bars them from purchasing firearms. However, many states have loopholes in their laws that allow medical cannabis patients to own guns. 

This article details more about being a gun owner as a medical cannabis user and how these laws may differ state by state. However, nothing in this article should stand as legal advice: for formal questions about medical cannabis and gun ownership in your state, we recommend consulting with a lawyer.

Medical Cannabis and Gun Rights: What Does the Law Say?

The legislation about firearm possession and medical marijuana extends back several decades. The Gun Control Act of 1968 explicitly bars “unlawful users” of controlled substances or those who are addicted to these substances from owning firearms or ammunition.

The federal government hold a distinct standpoint on the relationship between medical marijuana use and firearm ownership. According to the FDA, cannabis is still classified as a Schedule I drug or controlled substance according to the Controlled Substances Act, indicating its purported lack of medical utility, high potential for abuse, and, as per this classification, both its possession and use are deemed illegal. As a user of a controlled substance under federal law, medical cannabis patients cannot technically have a gun license.

In 2011, the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) distributed an open letter to all licensed firearms vendors clarifying that individuals holding a medical cannabis card are ineligible to purchase firearms from licensed dealers. A legal challenge to this prohibition surfaced in Wilson vs. Lynch when a card-carrying patient contested the law. However, the 9th U.S. Circuit Court of Appeals upheld that the prohibition of firearm sales to medical marijuana users did not infringe upon their Second Amendment rights.

It’s essential to note that federal law holds authority over state law, respective of any state-level legislation concerning gun ownership and medical marijuana.

U.S. District Judge Considers Weapons Charge Against MMJ Patient Unconstitutional

Supplementing this 2011 ruling, certain states have enacted their own statutes for their marijuana laws. For instance, in Oregon, a recent verdict granted concealed carry licenses to medical marijuana firearm owners. Conversely, in Florida, it was recently determined that a medical marijuana patient cannot lawfully acquire a firearm.

Additionally, some require background checks, whereas others, like Georgia, do not require such checks.

Recently, in Oklahoma, the question of gun ownership by a medical cannabis patient came into question. The case ended up in federal court, where U.S. District Judge Patrick Wyrick sided in favor of the people calling the charges against a medical cannabis patient unconstitutional. Reuters reported that:

“U.S. District Judge Patrick Wyrick, an appointee of former Republican President Donald Trump in Oklahoma City, on Friday dismissed an indictment against a man charged in August with violating that ban, saying it infringed his right to bear arms under the U.S. Constitution’s Second Amendment.” Judge Wyrick also went on to say, “That while the government can protect the public from dangerous people possessing guns, it could not argue Jared Harrison’s “mere status as a user of marijuana justifies stripping him of his fundamental right to possess a firearm.”

Giffords.org answers the question, “What disqualifies you from owning a gun in the U.S.?” Their answer is, “Under federal law, a person is generally prohibited from acquiring or possessing firearms if, among other things, they have been convicted of certain crimes or become subject to certain court orders related to domestic violence or a serious mental condition.”

Many states like Oklahoma are standing up for the rights of medical cannabis patients. In August 2023, the Journal Record cited an Oklahoma state law saying, “A medical marijuana patient or caregiver licensee shall not be denied the right to own, purchase or possess a firearm, ammunition, or firearm accessories based solely on his or her status as a medical marijuana patient or caregiver licensee.” We’re eager to see what the future holds for the legalization of medical cannabis at the federal level—and what that means for American gun purchasers who desire to use medicinal cannabis.

Can You Own A Gun After Your Medical Card Expires?

Yes, you can apply for a gun license when your medical cannabis card expires.

You just need to fill out the required forms, including the Bureau of Alcohol, Tobacco, and Firearms (ATF) Form 4473, and fulfill the additional requirements needed to purchase a gun from a federally licensed dealer according to your state.

In addition to your identification details, question 21(e) on Form 4473 asks if you are “an unlawful user of or addicted to any controlled substance.” Because it has not been legalized on the federal level, if you use medical cannabis, you are considered an unlawful user of a controlled substance, even if you have a medical card. However, if your card expires, you’re not actively using this substance.

Simply, you can buy a gun again after your medical marijuana card expires (as long as you don’t renew your card).

If you do decide to renew your card, the ATF technically allows medical cannabis users to have guns at home if their spouse doesn’t use cannabis. According to law enforcement, the spouse must keep the firearm locked away to prevent the medical marijuana cardholder from accessing it.

Frequently Asked Questions

Can a green card holder own a gun in New York?

No, if you are registered as a medical marijuana patient in New York State, you cannot purchase or own a gun. However, you can register a firearm once your med card expires.

What disqualifies you from owning a gun in NY?

In New York, you are disqualified from owning a gun if you:

• Have been convicted of a felony or a serious offense (e.g., violent crimes, certain drug offenses, child endangerment).
• Are a fugitive from justice
• Are an unlawful user of or addicted to controlled substances
• Are in the U.S. illegally or on a non-immigrant visa without an exception
• Were dishonorably discharged from the military
• Have renounced U.S. citizenship
• Had a handgun license revoked or are under a restraining order due to domestic violence
• Have a guardian due to mental incapacity
• Are under 21 (unless honorably discharged from the military)
• Failed to complete a firearms safety course in Westchester County.

Additionally, you must declare any history of mental illness and present no good cause for license denial.

Can I own a gun if I have a medical marijuana card in Ohio?

No, a registered medical marijuana patient cannot legally ship, transport, receive, purchase, or otherwise possess firearms or ammunition in Ohio.

Can I own a gun if I have a medical marijuana card in PA?

No, a person with a valid medical marijuana card cannot own a gun in Pennsylvania under the state’s Uniform Firearms Act.

This article was originally published in April 2023 and most recently updated in June 2024.