In Florida, you should have a right to a firearm and a medical marijuana card. But you don’t.
In order to buy a gun from a licensed dealer, you must first fill out ATF Form 4473. Question 21 has 11 parts. It asks about mental health, previous arrests, criminal conduct, and Question 21.e says:
“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside”
Later on the same form, it says:
I understand that a person who answers “yes” to any of the questions 21.b. through 21.k. is prohibited from receiving or possessing a firearm.
Clearly, anyone who says yes to unlawful use of marijuana will be denied the firearm.
People may reason to themselves that their lawful use of medical marijuana entitles them to say no. Further, people who only use low-THC products that are now federally legal have a cause to say no. State gun laws do allow the transfer of a gun from a private seller, without first filing the federal form.
The issuance of the medical marijuana card, even if you only use or possess low-THC products that fit the definition of hemp puts you in the database. Lying on this form is a felony.
In the course of civil society, people often commit acts of civil disobedience knowing they are willing to take the case to the highest court in the land. Landmark civil rights decisions by the Supreme Court often happen because good people refused to sacrifice their rights.
In Florida, you should have a right to a firearm and a medical marijuana card. But since the form is federal, you don’t.
Commission of Agriculture Nikki Fried, head of the division that issues Conceal Weapons Permits for the state has both a Conceal Carry permit and a medical marijuana card according to this article in the Sarasota Times. But she admits that when it comes to federal law, you have an issue. Some issues, like the purchase of a firearm, might be cleared up when Cannabis is legalized federally, but before we can enjoy full access to the plant in Florida those laws must be changed.
