The Legalities of Owning a Gun and a Medical Marijuana License in Florida
Introduction:
In recent years, the issue of gun ownership and medical marijuana use has become a contentious topic in many states, including Florida. While medical marijuana is legal in Florida, owning a gun and having a medical marijuana license can lead to legal complications. In this blog, we will examine the legalities of owning a gun and a medical marijuana license in Florida.
Florida Laws on Gun Ownership and Medical Marijuana:
Under federal law, it is illegal to own a gun if you are a user of marijuana, regardless of whether it is for medicinal purposes or not. This is because marijuana is still classified as a Schedule I drug under the Controlled Substances Act, which means it is considered to have a high potential for abuse and no accepted medical use.
In Florida, the law is more nuanced. While the state allows for the use of medical marijuana, it is still illegal to possess a firearm while using it. According to Florida Statutes § 790.06(2)(h), it is illegal for any person “who is an unlawful user of or addicted to any controlled substance” to own or possess a firearm.
The Second Amendment and Medical Marijuana:
The issue of gun ownership and medical marijuana has raised questions about the Second Amendment of the U.S. Constitution, which guarantees the right to bear arms. Some argue that the Second Amendment should protect the right of medical marijuana patients to own firearms, while others argue that it should not.
In a recent court case, Wilson v. Lynch, a Nevada medical marijuana patient sued the federal government over its prohibition on gun ownership for medical marijuana users. The court ruled in favor of the federal government, stating that the Second Amendment does not protect the right of medical marijuana users to own firearms.
Conclusion:
In Florida, owning a gun and having a medical marijuana license can lead to legal complications. While medical marijuana is legal in the state, it is still illegal to possess a firearm while using it. This is because federal law prohibits gun ownership for marijuana users, and Florida law prohibits firearm ownership for unlawful users of controlled substances. As with any legal matter, it is important to consult with an attorney for guidance on the specific circumstances of your situation.
References:
- Florida Statutes § 790.06(2)(h)
- United States v. Wilson, 159 F. Supp. 3d 1197 (D. Nev. 2016)
- Wilson v. Lynch, 835 F.3d 1083 (9th Cir. 2017)
- Americans for Safe Access. (n.d.). Gun Owners and Medical Marijuana. Retrieved from https://www.safeaccessnow.org/gun_owners_and_medical_marijuana
- The Trace. (2018, February 23). The Legal Minefield of Marijuana and Guns. Retrieved from https://www.thetrace.org/2018/02/marijuana-gun-laws-second-amendment/
