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What to Know About Medical Marijuana and Gun Rights
Admin • Jul 22, 2019
In late 2018, Missouri
approved one of the broadest medical marijuana programs in the nation, although it will still be quite a while before it's possible to walk into a dispensary and actually legally buy cannabis products.
That might not be a bad thing because there's a hitch in the way that the laws work that could prove problematic for many Missouri gun owners - if they have any hopes of using medical marijuana. Here's what you need to know in advance:
A Medical Marijuana License Puts Your Second Amendment Rights in Danger
All over the country, various states are loosening restrictions on the use of marijuana for medical purposes. Some states have even gone so far as to legalize the drug for recreational use, reckoning that it is no different than alcohol (and maybe more beneficial).
However, marijuana has not been decriminalized at the federal level as of this time. Until it does, there are a lot of grey areas in the law that can complicate the lives of users - whether they have a medical marijuana card or not.
One of those areas that can quickly become complicated is your right to bear arms. If you have a medical marijuana license, you cannot legally buy a firearm - nor can anyone legally sell you a firearm or ammunition.
Where the ATF Is Concerned, Marijuana Remains an Illegal Drug
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is a federal agency. As such, it is required to follow federal law, which trumps state law every time.
If you are a resident of Missouri who obtains a medical marijuana card, you will be legally required to answer in the affirmative to question 11e on Form 4473, which is the Firearms Transaction Record required by the ATF every time a gun is bought and sold.
That question asks if you are an "unlawful user" of marijuana or any other drug. While your use of medical marijuana may be considered lawful under state law, it is still illegal under the federal rules the ATF must follow.
In fact, an explanation of this in bold print follows the question - just to clarify the situation for anyone who might be unsure of their status. In other words, once you obtain that medical marijuana card, you are flatly prohibited from buying a gun.
Anybody Who Sells a Firearm or Ammunition Could Also Be in Trouble
Under federal law, it's generally illegal for anyone to provide a firearm or ammunition to anyone that you have reason to believe is an "unlawful user." That's a broad term, but it is meant to capture all sorts of situations, including those people who use drugs.
This law potentially puts the owners of gun shops and ammunition dealers in legal jeopardy over medical marijuana as well. As gun shop owners seek to protect themselves, it may soon become the norm to ask potential buyers if they have a medical marijuana license.
However, gun and ammunition dealers aren't the only people who could be in trouble for violating the law. The law applies equally to private transactions -- even those that don't involve cash.
For example, imagine that you give your favorite gun to your adult son, who happens to have a medical marijuana license. Your son could potentially face charges for possessing the gun - and you could face charges for providing him with it.
What Happens if You Are Charged With A Firearms Violation?
Owning a firearm in violation of the law is a Class D felony in Missouri -- which means that it is an extremely serious crime that carries potential prison time. That makes it particularly important for anyone who is charged in connection with this offense to seek the prompt advice of a criminal defense attorney, like those at David Naumann & Associates.
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