In today’s episode Chuck talks about the Gun Rights of Medical Marijuana Cardholders. While Arizona has made it legal for people to be prescribed marijuana for medical reasons, it is still illegal under Federal law. This contradiction can cause cardholders to loose their rights to possess a gun.
Hello friends. I’ve been getting a lot of questions over the last couple of months over gun rights relative to a medical marijuana card holder.
Let’s not forget that Arizona has legalized medical marijuana. Obviously this is for medicinal purposes. You get a prescription and then you get a right to possess it and go buy it.
Under Federal law, which has never changed, at least not in my life, it is still illegal to possess pot. As a result of that, if you go to a licensed gun dealer and you fill out the federal form for a background check, either one, you are lying if you are a medical marijuana card holder. Or two, if you are not lying or you go ahead and admit to having that card, you will be prohibited from buying the gun. That is of course under federal law and purchasing from a licensed firearms dealer.
A Medical Card Could Make You A Prohibited Possessor
The second thing is: it would still be illegal for you to possess the gun under Federal law. You would be a prohibited possessor. Not under state law, but under federal law. It is not illegal in Arizona to be a Medical Marijuana Card holder and possess a firearm. But it is illegal under Federal law.
Now the real question is in the fact of whether or not anyone is enforcing that law. I can’t tell you that. I can tell you relative to my practice that I have never heard of anyone being charged with prohibited possessing of a firearm if you are a medical marijuana cardholder but it doesn’t mean it can’t be done. With the laws changing as quickly as they have been lately, I don’t know where this is going folks.
Just keep in mind, under federal law it is still illegal to possess marijuana. Thus you would be a prohibited possessor under federal law.
Not only can being a medical marijuana cardholder effect your right to bear arms, it can have other unforeseen consequences due to the contradicting laws at the state and federal levels. For example you could get a Criminal DUI for driving with Marijuana in your system even if you are a medical marijuana cardholder.