Florida Concealed Carry Permit and Medical Marijuana Card
Keeping a Florida concealed carry permit and medical marijuana card is popular. The Second Amendment protects the right to purchase a weapon. However, although medical marijuana is legal, the Florida concealed gun law is also subject to federal regulations which still considers medical cannabis an illegal substance. This conflict has gun owners thinking twice before having both licenses.
Can I Own a Gun if I have a Medical Marijuana Card in Florida in 2021?
When applying for your concealed weapon permit, the ATF E-Form 4473 document ask you:
“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.”
Because the federal government identifies marijuana as a controlled substance that is still illegal under federal law. This presents a catch-22 for potential FL gun owners looking to get a permit. If you have a cannabis card, and answer this question truthfully, it risks Florida rejecting your concealed carry permit. Of course, if you lie on the form and say you don’t use medical cannabis, you risk being accused of fraud or perjury.
Can I Get a Florida Concealed Carry Permit if I have a Cannabis Card?
The answer is maybe. Since having a current medical marijuana card shows you may be using a controlled substance, KindHealth recommends you apply for your Florida concealed carry permit before applying for your medical cannabis license. That way, when you answer “no” on the form, you are not committing perjury by lying. If you already have an active card, with or without an active prescription, you may want to consider surrendering it back to the OMMU before applying for your gun permit. Having an inactive marijuana card when applying for a gun in Florida may prove you are compliant with federal law.
- Marijuana is still illegal at the federal level.
- Having a Florida marijuana license is a clear indication that you may be a regular cannabis user.
- The gun permit ATF E-Form 4473 asks if you are a user of any controlled substance.
- If you have a marijuana card, and answer truthfully on the weapons permit form, your application may be rejected.
- If you lie about your card on the gun form, you are breaking the law and could be prosecuted for perjury.
- Technically, there is no law stating it is unlawful to have both cards at the same time. So, if you need both cards, applying for and receiving your gun carry permit first seems the prudent option.
This brief discussion is the opinion of the author and is not intended as legal advice. If you need both a Florida concealed carry permit and medical marijuana card, we advise you contact an attorney for the finer points in forming your legal strategy to this complex issue.