Medical Marijuana Card & concealed weapons license: what to know.
One of the most common questions we get is how a medical marijuana card effects a Florida concealed weapons license. There’s a lot of misinformation out there so I’ll keep it short and to the point: It doesn’t
Florida patients can have both a Florida medical marijuana card and a Florida concealed weapons license. In fact, Dr. Levy and myself have both. For reference (and a good laugh), here are my cards:.
The State of Florida issues both the medical marijuana card and concealed weapons license. Florida firearm legislation is found under chapter 790 and the heart of the question falls under Statues 790.06(2)(e). In short, laymen terms this bit of legislation asks three specific questions:
- Have you been found guilty of a crime related to controlled substances?
- Have you been committed to a treatment center for the abuse of a controlled substance?
- Are you a chronic and habitual user of alcohol or controlled substances to the extent that you are normally impaired? Examples being any DUIs or history of disorderly intoxication?
If the answer is “no” to all of the above questions, then as a Florida resident, you could legally obtain a firearms license. A patient could also qualify for a medical marijuana recommendation as defined in Chapter 381.986. These qualified patients are under the care of a state certified physician and have been legally recommended (“prescribed”) medical cannabis.
In doing so, there is no crime committed, no history of abuse, and no claim to constant intoxication. Therefore, patients can have both a medical marijuana card and a concealed weapons permit.
The Grey Area
The grey area that we discuss with patients is if you’d like to purchase a new firearm after obtaining your medical marijuana card. When purchasing a new firearm, you undergo a background check at the federal level, where marijuana is still classified illegal.
While Florida law specifically exempts concealed weapon license holders from state background checks this does not, however, exempt prospective firearm buyers from the federal background check.
Depending on the vendor, getting a medical marijuana card you may effect your ability to buy a new firearm in the future. Firearm sales are beyond our scope of knowledge and we ultimately recommend consulting with a legal professional on that matter.
While Florida residents can have both a medical marijuana card and a concealed weapons license, we do offer a general rule of thumb to our patients in regards to daily lifestyle and medical cannabis use. It is simply be safe, smart, and respectful.
You wouldn’t bring a gun to a bar; on a similar note, leave your guns at home when going to the dispensary and transporting your medical cannabis. This applies to driving while medicated and public use as well. There is a time and a place for everything, and often times the best thing to do, is not put yourself in the position where there could be an issue.
Hope that helped, continued wellness to you all.