Medical Marijuana Patients in Missouri and Gun Laws
The point of having legal medical marijuana is so that cannabis can be treated and used as a prescription med, and so that people have access to it as such. But the federal government does not yet see it that way, which can make gun ownership in Missouri difficult if you are a licensed medical marijuana patient.
In this article, we’ll let you know where you stand as a licensed cannabis patient in Missouri, whether you already own a gun, or if you want to purchase a gun. We’ll give you the state’s take on it, and the federal government’s bark along with what their bite might really be on the subject.
The State of Missouri’s Stance
Article XIV of the Missouri Constitution, which authorizes the medical use of marijuana in Missouri, does not reference or prohibit the possession or purchase of firearms. The Department of Health and Senior Services (DHSS), which oversees the medical marijuana program, will not ask you if you own a firearm when applying. Nor will they distribute the database of patients who have a medical marijuana card, citing that it violates privacy.
However, law enforcement will have limited access to the database in order to verify proof that a patient is allowed to possess medical cannabis. But no entity can request the entire record of patients for the purpose of crosschecking and investigating patients for gun ownership.
State and local law enforcement do not have the final say (currently) on gun laws. That is the ultimate dominion of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which answers to federal law.
The Land of Federal Law—Where Marijuana Is Still a Schedule I Substance
In 2011, the ATF sent an open letter to gun dealers in the U.S. to set the record straight about controlled substances and firearms. At the time, when several states had already legalized medical marijuana, the question of how to reconcile these two rights in legalized states was buzzing about.
The ATF made it clear: Marijuana is a Schedule I controlled substance (according to the federal government), and no person who uses it (medically or otherwise) may buy or possess a firearm. The ATF forbade gun sellers from selling firearms to known licensed medical marijuana patients. Federal law has not changed since that letter, and therefore, it is technically not legal for Missouri (or any state’s) medical marijuana patients to possess or buy firearms.
Gun dealers obviously are not itching to follow this directive. But it’s similar to the situation with casinos in Las Vegas when cannabis became recreationally legal in Nevada. Because they are regulated by the federal government and must comply with federal laws, casinos can’t allow guests to use cannabis on-premises. It is the same with gun dealers who are licensed by the federal government.
However, public information officer for the Kansas City ATF branch, Jon Ham, was able to shed some insight on what to expect if you possess a firearm or if you go to buy a gun and you are a licensed medical cannabis patient.
If You Already Own a Gun
Again, no one is going to ask you at the time that you apply for your medical marijuana card if you own a firearm. Ham stated that the federal government would not be reviewing the registry, stressing that it would be a waste of the ATF’s resources to turn its focus from gun trafficking and violent crime to investigate individuals who may be violating this law.
However, he emphasized that this is not a free pass. The situation will be more unavoidable when a qualifying patient goes to purchase a gun in Missouri.
If You Want to Buy a Gun
Having a Missouri medical marijuana card is grounds for a gun dealer to deny a gun purchase application. To complete the transaction, you must fill out a six-page application that asks you straight out if you use marijuana. If you answer “yes”, you are automatically denied. If you say “no”, and you are a qualified patient, it is a federal crime.
Keeping Missouri Cannabis Patients Informed
At Elevate Holistics, we want medical marijuana cardholders to understand their right to access medicinal cannabis and the scope of all that comes along with it. If you own a firearm and are a qualifying patient, you should be aware that technically you are in violation of federal law.
Federal law does expect you to transfer ownership. But no one is going to come check on you. Still, technically you (and all medical marijuana patients in all states) are also in violation of federal law for possessing and using cannabis. It’s simply that the federal government has chosen not to challenge states on their decisions.
It seems that aside from organized crime, federal law enforcement chooses not to police state populations. As of now, the state of Missouri is not going to prohibit gun ownership for medical marijuana card holders, nor will they report you. The Missouri concealed carry permit does not ask about drug use.
It’s likely that until the federal government can relinquish its obstinate assertion that cannabis is a Schedule I drug with no medical value, having a medical marijuana card will continue to block you from purchasing a gun.
This article was first published on Elevate Holistics
Elevate Holistics is a Missouri focused online cannabis clinic focusing on helping aspiring MMJ cardholders get compassionate service along with valuable resources to assist them on their cannabis journey.
