No you will not lose your gun license. No you will not lose your concealed carry permit. There are a lot of misconceptions about the intricate relationship between Medical Marijuana in the state of Florida, and the 2nd amendment.
The Hard Facts
In the United States, federally, Cannabis Sativa (otherwise known as Delta-9 THC, weed, pot, devils lettuce, ganja) is still illegal and considered a Schedule I substance under the Controlled Substance Act. In the State of Florida, Marijuana has been legalized for medicinal use giving us our current Florida Medical Marijuana Program, which is echoed by many other MMJ programs nationwide. The Medical Marijuana Program is offered as medical treatment to qualifying individuals over the age of 18 years old and is operated by the state (which is a very important fact to remember).Also in the United States, we have a constitutional right to bear arms under the second amendment. This is protected by the constitution of the United States and is a federal right to all Americans. This allows individuals over the age of 21 to purchase firearms from a federal dealer to become a legal owner of a firearm. The purchase of the firearm is then considered a federal transaction (this is another very important fact to remember).
The Misconceptions & The Truth
There are a few different misconceptions when it comes to the strange relationship between the right to legal medication and a legal firearm. Some of them do make sense from a common thought standpoint, but here is the truth behind some of these thoughts“You can not possess both a medical marijuana and a gun license.”This statement is false. It is perfectly legal and possible for an individual to possess both their medical marijuana license and concealed carry permit. Nothing prevents this.“You have to get one license before the other.”This statement is false. There is no correct order to follow to obtain either of these licenses. Nothing will get in the way of either process from the process of the other.“You have to give up your guns if you get your Medical Marijuana License.”This statement is false. Nobody is coming for your guns. You as a gun owner have the right to every firearm you purchase.“You can’t buy a gun if you have your Medical Marijuana License.”Technically, this statement is true. Please read more in depth below to learn more.
Purchasing a Firearm with your MMJ Card
Here is where there is some butting of heads between your Medical Marijuana Card and your Concealed Carry Permit. Earlier it was mentioned that the medical marijuana program is a state run program, and the purchase of a firearm is a federal transaction. This is exactly where the issue lies. When applying to purchase a firearm, the individual is asked about “drug use”. Since marijuana is still considered a Schedule I substance federally, the answer to that question for a MMJ carrying individual would be yes and your purchase would be declined. These are the guidelines that have recently been supported by statements from current Commissioner of Agriculture,Nikki Fried. Commissioner Fried is a card carrying Medical Marijuana patient and a holder of a concealed carry permit, and has commented several times on the relationship between the pistol and the pipe. She is on record stating the above information as accurate. As an integral part in the MMJ program, and an advocate for legalization and decriminalization, Commissioner Fried positions herself as a friend of both sides of the aisle.
