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Cannabis FAQ: Can you own a gun with a medical card?

hanging signage saying Firearms Ammunition

Article written by

April AcernoContent Writer

Content reviewed by

Dipak HemrajMedical Cannabis Researcher

Table of contents

  1. Can you own a gun with a medical card? 
  2. Do you lose your gun rights if you have a medical card?
  3. Does the ATF know if you have a medical card?
  4. Can I own a gun if my husband or wife has a medical card?
  5. The bottom line: Medical cannabis and gun laws are complicated and evolving
  6. Resources

In most states, having a medical cannabis card comes with many benefits, like tax savings and higher possession limits.

But if you’re thinking about owning a gun, there’s one drawback: Under federal law, you cannot legally own a gun if you have a medical cannabis card.

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Can you own a gun with a medical card? 

The simple answer: No.

Despite state-level legalization, the federal government maintains that cannabis is illegal as a Schedule 1 drug. This means it’s a controlled substance, similar to heroin or ecstasy. Because of this classification, medical cannabis cardholders cannot legally purchase or possess a firearm.

If you already own a gun, getting a medical cannabis card invalidates any firearm license you may have.

However, gun laws and cannabis laws vary from state to state, so things can get confusing.

The history of cannabis and gun ownership laws

Federal laws on gun ownership and medical cannabis stretch back for decades.

Since the Gun Control Act of 1968, owning guns or ammunition has been prohibited if you use any controlled substance.

Even though states started legalizing medical cannabis in 1996, the federal law has continued to maintain its stance on medical cannabis and gun ownership.

Today, the Food and Drug Administration (FDA) still classifies cannabis as a Schedule 1 controlled substance. This means they believe it has no apparent medicinal value, and high potential for abuse.

In 2011, The Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) sent an open letter to all licensed firearms dealers stating that people cannot purchase a gun if they have an active medical cannabis card.

But this regulation has faced some opposition in recent years.

In 2019, a medical cardholder tried to challenge the ATF ruling (Wilson vs. Lynch). But the 9th U.S. Circuit Court of Appeals maintained that prohibiting the sale of firearms to medical cannabis cardholders did not violate their second amendment rights.

Still, some states, like Missouri and Oklahoma, have issued their own laws to protect the right to own guns for their residents.

In states that allow medical cardholders to purchase firearms, you won’t be penalized by the state if you’re caught in possession of both a gun and medical cannabis. However, you’re not protected on a federal level. That’s because federal law supersedes state law, regardless of your state’s stance on gun ownership and medical cannabis use.

“The ATF has repeatedly clarified that this prohibition applies to all cannabis users, including those who possess medical cannabis cards issued under state law,” said Zach Levin, Associate Counsel at Leafwell and cannabis law expert.

“Violations of federal firearm laws can result in severe penalties, including imprisonment for up to 10 years, substantial fines, and permanent revocation of gun ownership rights.”

Levin added, “As the legal landscape continues to evolve, medical cannabis cardholders must remain informed of their rights, understand the potential legal risks, and consider consulting with qualified legal counsel before attempting to purchase or possess firearms.”

Do any states protect the right to own a gun?

Some states do protect your right to own a gun as a medical cannabis cardholder:

  • Arkansas: Medical cardholders and state-licensed caregivers may legally purchase and carry a concealed gun.
  • Florida: Medical cardholders may legally purchase and carry a concealed gun (adult residents do not need a permit to carry in Florida).
  • Illinois: Medical cardholders may legally purchase a gun.
  • Massachusetts: Medical cardholders may legally purchase and carry a gun if they have obtained a permit to do so from the state.
  • Missouri: Medical cardholders may legally purchase and carry a gun.
  • Oklahoma: Medical cardholders may legally purchase and carry a gun.
  • Texas: People permitted to use low-THC products through the state’s Compassionate Use Program (CUP) may legally purchase and carry a gun.
  • Utah: Medical cardholders may legally purchase and carry a gun.

That said, even if your state protects gun ownership, it’s still a federal crime to own a gun as a medical cannabis cardholder.

Do you lose your gun rights if you have a medical card?

Even in states where gun ownership is protected for medical cannabis cardholders, you’re still at risk of losing your gun rights under federal law.

But whether this law is routinely enforced is unclear.

To purchase a gun in the U.S., you must fill out a Firearms Transaction Record form provided by the ATF.

This form includes question 21f, which asks if you use any controlled substances, including cannabis. If you’re a medical cardholder and you check “no,” you’re technically committing perjury by providing falsified information.

However, there is no federal database that keeps track of medical cannabis cardholders. Therefore, it’s unlikely that someone at the federal level would find out unprompted that the information you provided is false.

But should you commit a gun-related crime, the fact that you provided falsified information could lead to criminal charges for committing perjury.

Does the ATF know if you have a medical card?

The ATF cannot access any state’s registry of medical cannabis cardholders. So there is no way for the ATF to know if you’re a cardholder when you’re trying to purchase a gun.

Can I own a gun if my husband or wife has a medical card?

Yes. You can legally own a gun if your spouse or any other member of your household has a medical cannabis card. You just can’t be a cardholder yourself.

According to the law, the gun must be locked up when not in use, and the cardholder cannot access it.

Similarly, if your spouse or another member of your household owns a gun, you can still apply for a medical cannabis card, as long as you don’t have access to their gun.

Other members of your household have no impact on your right to own a gun or your right to apply for a medical cannabis card.

Gun rights for medical cannabis caregivers

No states prohibit licensed caregivers from owning guns. If you’re a gun owner who wants to provide medical cannabis to a minor legally, you can apply for caregiver status through your state’s medical cannabis program.

The bottom line: Medical cannabis and gun laws are complicated and evolving

If you’re a medical cannabis cardholder, you cannot legally purchase a gun according to federal law. Even if your state protects gun ownership rights for cardholders, you are still breaking federal law by purchasing a firearm. And it’s a punishable offense.

However, having a medical card offers many benefits outside of gun ownership. If you’re interested in legally accessing medical cannabis in your state, set up a telehealth appointment with Leafwell to get started.

Disclaimer: This article does not constitute legal advice. If you have specific questions about medical cannabis in your state, speak with a lawyer.

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