Florida Concealed Carry Permit and Medical Marijuana

What's Up Sheepdogs? Ryan here with Tampa Carry.

Recently a young woman posted a very interesting comment inside the Florida Concealed Carry Facebook group regarding medical marijuana and concealed carry.

"They said it was impossible. They said it could never be done.” 

This young lady was referring to getting a Florida concealed carry permit, and having a medical marijuana card. She was making it out like, "Nobody said this was possible." Listen, you're obviously not paying attention.

We have always said that you can have medical marijuana, and you can have a Florida concealed weapons permit. The question is, are you allowed to own, possess, or purchase a firearm? Can you have your concealed and medical card in Florida?

In this section, we're going to discuss whether you are legally allowed to purchase a firearm if you have a medical marijuana card in the state of Florida. We're going to discuss purchasing a gun from a federal firearms dealer, from a private seller, even receiving a firearm as a gift, as a medical marijuana card holder.

Can you carry a gun and have a medical card for marijuana?

Purchasing from a Licensed Gun Dealer

Let’s see what Florida medical marijuana law and guns have to do with each other. You've ever purchased a firearm at a licensed gun dealer, you probably remember filling out the ATF Form 4473. 

Question 21.e. asks: "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" Then in bold, just underneath, it says, "Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medical or recreational purposes in the state where you reside." 

Question 21.e. seems to confuse a lot of people who have a medical marijuana card or live in a state where marijuana is permitted under state law for recreational use. Under federal law, marijuana is still unlawful.

And even if you have a medical marijuana card from the State of Florida, you are considered an illegal drug user by the federal government. Therefore, if you have a medical marijuana card, you must answer yes to question 21.e., and the federal firearms dealer is not permitted to sell or transfer any firearms to you. 

Under Title 21 of the United States Code of Controlled Substance Act, section 812(c)(c)(10) marijuana is listed as a Schedule 1 drug, making it an unlawful substance under federal law. 

According to the United States Codes listed below, it is unlawful for any person to sell, dispose, ship, transport, receive, or possess firearms or ammunition to any person who is an unlawful user of a controlled substance. 

Federal Law 18 USC 9.22(d)(3) makes it unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is an unlawful user of, or addicted to, a controlled substance. 

Federal Law 18 USC and 9.22(g)(3) prohibits any person who is an unlawful user of, or addicted to, any controlled substance, from shipping, transporting, receiving, or possessing firearms or ammunition. 

These United States Codes make it very clear that anyone who is a user of marijuana, including individuals with a medical marijuana card in the State of Florida, cannot purchase a firearm from a federal firearms licensee.

This really calls into question can have your medical card and a gun license.

Purchasing a Firearm By Private Firearm Sale

The argument that I hear from people every single day is that this prohibition only applies to individuals purchasing a firearm from a licensed dealer, and it has no effect on purchasing a firearm through a private sale. When conducting a private firearm sale, you are required to follow two laws. 

First, you are only allowed to transfer gun ownership to a person who resides in the same state as you: 18 USC 9.22(a)(5).

The second requirement is that to the best of the seller's knowledge, the buyer is not prohibited from possessing or receiving firearms under federal law. 

Federal Law 18 USC 9.22(d) It shall be unlawful for any person to sell, or otherwise dispose of, any firearm or ammunition to any person, knowing, or having reasonable cause to believe, that such person (3) is an unlawful user of, or addicted to, any controlled substance. 

18 USC 9.22(d) clearly makes it unlawful for somebody to privately sell a firearm to a person they know has a medical marijuana card. However, it doesn't say anything about it being a crime for the buyer. This is where we have to go back to 18 USC 9.22(g)(3), which prohibits any person who is an unlawful user of, or addicted to, any controlled substance from shipping, transporting, receiving, or possessing firearms or ammunition.

So, can you have a medical marijuana card and CCW? You can have the permit, yes, but you can’t carry the gun and the marijuana.

How Will I Get Caught?

Clearly, individuals with a medical marijuana card in Florida are prohibited from purchasing firearms at a gun store or through a private seller. However, I know exactly what you're thinking: “How am I ever gonna get caught?" 

On August 1, Cory and his buddy decided to clean their firearms after a trip to the range. One thing led to another, the gun went off, and Cory's buddy was fatally shot.

When the police arrived, they discovered that the two friends had been smoking marijuana that day. This means Cory did not have a legal right to be in possession of the firearm. This also caused law enforcement to perform a trace on the firearm used. 

A firearms trace is when ATF contacts the firearm manufacture with the model and serial number of a firearm used in a crime. The firearm manufacture is then required to review their records to determine which wholesaler they sold the firearm to. ATF then contacts the wholesaler to identify which FFL dealer sold the firearm, and then they contact this dealer to request a copy of the ATF Form 4473.

Cory had purchased his firearm just a few weeks prior to this incident, and I guarantee you he selected “No” to question 21ÏÏ.e. This means that Cory lied on a federal background check document, which is a 15-year prison sentence. 

Conclusion

If you use marijuana and you're buying a gun, whether you're buying it through a gun dealer, a private seller, or receiving a firearm as a gift, you are in possession of that firearm illegally. That means if you ever use this gun in self-defense, you will be in a lot of trouble.

Now, personally, I think this is all very stupid. Let's be very honest: People aren't smoking weed and then shooting up a school: they’re trying to figure out how Uber Eats works.

That's all I have for today. So until next time keep training and stay safe...

Ryan G. Thomas