Though Medical Marijuana is legal in the state of Florida, on the federal level, marijuana or cannabis on its own is still classified as a Schedule I controlled substance. This means marijuana is not considered to have medicinal value, rather, it is treated as an addictive drug. Under federal law, Florida physicians cannot legally “prescribe” medical marijuana, rather they give patients that qualify a “recommendation.” It’s this murky distinction that has been causing some confusion on a patients’ ability to pass a background check in the process of purchasing and carrying a firearm.

Though the second amendment of the Constitution gives citizens the right to bear arms, in many states you need to pass a background check in order to qualify.  These are the Florida state requirements for the purchase of a gun.

• Must be 21 years of age. Rifles and shotguns may be purchased by a person who is at least 18 when that person is a law enforcement officer or correctional officer as defined in F.S. 943.10 or service member as defined in F.S. 250.01.

• Must be a Florida resident to purchase a handgun. Long guns may be purchased by persons who are residents of other states so long as the sale complies with applicable laws in the purchaser’s state of residence.

• Legal permanent resident aliens who are Florida residents may purchase a firearm and must provide a valid alien registration number. Non-resident aliens visiting Florida must present a border crossing number (I-94) and a valid exception document .

• Florida does not require a permit to purchase a firearm nor is there a permit that exempts any person from the background check requirement.

Even though a permit may not be required, the issue is the questionnaire when you are making the purchase. “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”

According to the Florida Commissioner of Agriculture and Consumer Services, Nicole “Nikki” Fried, who oversees the state department that issues concealed weapons permits, holders of a Medical Marijuana card would not be allowed to purchase a firearm due to an honest answer to the above question. 

If a patient already owns a gun, an attorney should be consulted. Purchasing and “possession” of firearms is a grey area. In these cases, it usually up to enforcement due to the language on the books that although it makes it clear when it comes to the purchasing of the gun, this may NOT apply to “possession.” Each patient should assess the risk they are willing to take. 

Additionally, a concealed carry permit is a completely separate process to purchasing a gun. Under the current law, patients could be approved for a concealed weapons permit, but, as demonstrated above, be unable to purchase a firearm and then use their permit.

The Department of Agriculture and Consumer Services issues licenses to applicants who do “not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired.” However, Fried contends that Medical Marijuana is “just like taking any other medicine….if you have your medical marijuana card, then there’s no issue.”

Ultimately, Medical Marijuana patients are able to apply for and receive concealed weapons permits. However, it’s the purchasing of new firearms and the accompanying background check that will be the sticking point according to truthful answers given to the ATF.

Florida’s top-rated medical marijuana referral clinic has served over 3,000 satisfied patients. For more information, please visit www.lifecannmd.com, email monika@lifecannmd.com or call (833) 543-3226.