Posted By Stephen Eisenwasser | November 2, 2021
No, you will not lose your gun license. No, you will not lose your concealed carry permit. Many misconceptions surround the connection between **Florida medical marijuana and gun laws**. However, understanding the relationship between **MMJ laws and the Second Amendment** is crucial.
The Hard Facts
Federally, **cannabis**—also known as Delta-9 THC, weed, or ganja—remains a **Schedule I substance** under the Controlled Substances Act. However, **Florida legalized marijuana** for medical use, creating the **Florida Medical Marijuana Program**. This program provides **qualified patients** over 18 access to MMJ for medical treatment.
Meanwhile, the **Second Amendment** of the U.S. Constitution grants all Americans the right to bear arms. Under **federal law**, individuals over 21 can purchase firearms from licensed dealers. However, firearm transactions occur at the **federal level**, which creates a conflict with **state-run medical marijuana programs**.
Common Misconceptions & The Truth
“You cannot have both a medical marijuana card and a gun license.”
False. It is legal to possess both a **Florida MMJ card and a concealed carry permit**. One does not cancel out the other.
“You must apply for one license before the other.”
False. There is no required order. You can apply for either a **medical marijuana card** or a **concealed carry permit** first without affecting eligibility for the other.
“You must surrender your guns if you get a medical marijuana card.”
False. Owning firearms remains legal even after obtaining a **Florida MMJ card**. No law requires you to give up previously purchased guns.
“You cannot buy a gun if you have a medical marijuana card.”
True—but with conditions. Read below to understand how **federal law** affects gun purchases for MMJ patients.
Purchasing a Firearm with an MMJ Card
This is where **Florida gun laws and MMJ regulations** conflict. As mentioned earlier, the **Florida Medical Marijuana Program** operates at the **state level**, while firearm purchases are **federally regulated**. This creates a legal issue for **medical marijuana users** looking to buy firearms.
When purchasing a gun from a **licensed firearms dealer**, applicants must complete a background check. The federal form includes a question about **drug use**. Since **marijuana remains illegal under federal law**, MMJ cardholders must answer “yes,” resulting in an automatic **denial of purchase**.
Commissioner of Agriculture Nikki Fried, an MMJ patient and concealed carry permit holder, has confirmed this interpretation. She continues to advocate for **legalization and policy reform** to resolve these conflicts.
Final Thoughts
While Florida residents can legally **own guns and carry an MMJ card**, **buying new firearms as an MMJ patient remains restricted** due to **federal law**. Understanding these regulations is essential for anyone navigating **Florida’s medical marijuana and gun laws**.
Related Blog Posts:
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
**Stay informed!** Visit Herbin Living for more updates on **Florida medical marijuana and gun laws**.