Florida Gun Laws and Marijuana: What MMJ Patients Need to Know
Posted by Stephen Eisenwasser | November 2, 2021
No, you will not lose your gun license. No, you will not lose your concealed carry permit. That said, Florida gun laws and marijuana don’t always work together smoothly. Misunderstandings are common—especially when it comes to how medical marijuana (MMJ) use affects firearm rights. Let’s break down the facts.
How Federal Law Conflicts with Florida’s MMJ Program
At the federal level, marijuana remains a Schedule I controlled substance. This creates conflict with the Florida Medical Marijuana Program, which legally provides access to MMJ for qualified patients. While Florida supports MMJ use under state law, federal law controls gun sales, complicating matters for cannabis patients who also want to buy firearms.
The Second Amendment protects your right to bear arms, and in Florida, residents 21 and older can apply for a concealed carry permit. However, all gun purchases from licensed dealers are governed by federal agencies—making it tough for MMJ users to navigate both sets of laws.
Florida Gun Laws and Marijuana: Common Myths Debunked
Myth #1: “MMJ cardholders can’t have a gun license.”
False. You can legally hold both a Florida medical marijuana card and a concealed carry permit. One does not automatically void the other.
Myth #2: “You must apply for your MMJ card before your gun license—or vice versa.”
False. There’s no legal requirement for the order in which you apply. You can hold both without restriction under state law.
Myth #3: “You have to give up your firearms once you get a medical marijuana card.”
False. Owning firearms remains legal. Florida does not require MMJ patients to surrender previously acquired guns.
Myth #4: “You can’t buy a gun if you have a medical marijuana card.”
Partially true. Let’s look at why MMJ patients face challenges at the point of purchase.
Can You Purchase a Gun with an MMJ Card?
This is the key area where Florida gun laws and marijuana policy clash. When you attempt to purchase a firearm from a federally licensed dealer, you’re required to complete a background check—including a question about marijuana use. If you answer “yes” and admit to using cannabis—even legally under Florida law—you will be denied under federal law.
Prominent voices like Nikki Fried, Florida’s former Commissioner of Agriculture and an MMJ patient herself, continue pushing for federal reforms to align cannabis policy with modern public opinion and state legislation.
What MMJ Patients and Gun Owners in Florida Should Know
If you already own a firearm before obtaining your MMJ card, you are not violating Florida law. However, purchasing a new firearm from a licensed dealer after getting a marijuana card presents legal challenges due to the federal background check.
While the law doesn’t prohibit you from owning both a firearm and an MMJ card, it does limit your ability to make new firearm purchases from dealers following federal guidelines.
Stay Up to Date on Florida Cannabis and Gun Policy
Laws continue to evolve—and fast. For the latest updates on Florida marijuana, gun laws, and MMJ news, visit our blog. You can also contact Herbin Living with your questions, or stop by our Miami location to chat with our knowledgeable team.
Related Reading:
Florida Is the Nation’s Fastest-Growing Medical Marijuana Market
Miami Herbal Alternatives – Your Guide to Cannabis-Free Wellness Options
How CBD Blew Up Faster Than Florida Could Regulate It
Need more info? Visit the Herbin Living Smoke Shop & Kratom Lounge in Miami, or browse our online store for wellness-focused products including CBD, THCA, and botanical alternatives.