Many Americans enjoy owning firearms for personal and property protection and sometimes for sports such as hunting. It is written into the United States Constitution as a Second Amendment right: “the right of the people to keep and bear Arms, shall not be infringed.”
If you have a Massachusetts medical card, you may think that you are exempt from federal laws that prohibit cannabis and firearm possession. But in truth, there are no state laws that protect patients with a medical card from federal prosecution for owning a firearm. The federal government has been transparent about guns and cannabis, but they contradict state laws, creating a confusing grey area for patients who are medical marijuana users.
Here are some essential facts you need to know about possessing cannabis and a gun at home, in your vehicle, or on your person when outside your home. If you go to a dispensary, can you buy a gun and enter the dispensary with it?
Let’s review the facts about federal government laws regarding possessing a controlled substance and a firearm.
What Is The Federal Law Regarding Cannabis And Firearms?
Cannabis remains classified as a Schedule 1 prohibited substance on the Controlled Substances Act. That means according to federal law, the possession, use, or distribution of marijuana combined with owning a firearm is illegal.
The Gun Control Act of 1968 (GCA) states that anyone who is an unlawful user or addicted to any of the drugs listed on the Controlled Substances Act may not purchase, ship, transport, receive, or possess any firearms or ammunition.
This has created a legal conflict between state and federal law. Some states have instituted laws allowing adults over twenty-one (21) years to carry a handgun in a holster without a license-to-carry (LTC) permit. Both Texas and Florida passed laws that eliminated the LTC requirement for firearms.
However, in other states, a license to carry is still required. In Massachusetts, anyone fifteen or older who wants to possess, move, or transport firearms and ammunition must have a firearms license. Local municipal police departments issue the licenses.
Cannabis is illegal currently, according to federal law. However, in many states, it is legal for medicinal or adult use (recreational marijuana). That legal contradiction will continue to exist as long as cannabis remains a Schedule I controlled substance.
Criminal Penalties for Possession of Firearms and Cannabis
First-offense charges of cannabis possession, according to the federal Controlled Substances Act, will result in a $1,000 fine and a misdemeanor charge, according to federal law. Depending on the quantity in possession, the first-time misdemeanor can also result in one year of incarceration or probation.
For any quantity of cannabis, possession for second and third-time offenses carries significantly higher punishments. Mandatory fines range from $2,500 to over $5,000, and mandatory minimum sentences are 2-3 years.
When guns and cannabis possession are combined, there is a mandatory minimum sentence of five years in federal prison. If the charge involves a violent crime, such as assault, discharging of a firearm, or theft, the mandatory minimum sentence is at least seven years in federal prison. Brandishing a gun (without discharging it) while in possession of cannabis can also net the maximum sentence.
Marijuana legalization has created questions about the conflict for patients registered in state medical cannabis programs who wish to own firearms legally. State medical marijuana laws protect the rights of patients not to be excluded from privileges and services provided to non-medical marijuana users.
What If You Are Traveling With Someone Who Has A Gun?
According to Massachusetts state laws, MGLA 94G § 13 Penalties, “No person shall, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, possess an open container of marijuana or marijuana products in the passenger area of any motor vehicle.”
When you purchase cannabis from a licensed dispensary, naturally, you have to transport your products home. To avoid legal problems, you must ensure you do not open those products in your vehicle. Once they have been opened, you can face a civil penalty fine of $500.
There are some exceptions to this rule. For example, if you are traveling with open containers of cannabis products in your trunk, that is safer. If you have a glove compartment that can be locked or a secure box with a lock (located in the back seat), you may also defend that the cannabis products were not accessible to the driver and secured. However, having a gun in the vehicle when you are carrying a controlled substance (including cannabis) is violating federal law, and you can be charged.
The quantity of cannabis you have in the passenger area of the vehicle does not matter about the open cannabis laws. For example, if you have an ashtray or container used for ashes and there are remnants of a pre-roll, recreational or medical marijuana users can still face legal problems.
If you are traveling with cannabis, and someone else in the vehicle owns a firearm, both you and that individual can face serious legal risks. It does not matter that the cannabis does not belong to the individual. Having a gun and marijuana remains unlawful if they are stored in the exact location (at home, in a vehicle, an R.V., or a boat). It is a felony offense for any other controlled substance as well.
Are You Exempt As A Medical Cannabis Patient From Gun Laws?
Having a medical cannabis card in Massachusetts provided some critical legal protections before adult use (recreational marijuana) was legalized. The adult use and medical cannabis laws in Massachusetts provide the right to purchase, possess, and consume cannabis legally for adults twenty-one years of age or older or medical card holders that are eighteen years of age and up.
The state marijuana laws do not overrule federal law regarding possession in certain circumstances. For example, medical cannabis patients in Massachusetts can still face prosecution and possession charges if they are consuming cannabis on federal property.
Federal government locations where you should never carry cannabis include:
- National Parks.
- Court Buildings.
- Airports (FAA).
- Government Administrative Buildings.
- U.S. Department of Defense Offices or Military Locations.
- U.S. Forest Service Offices and Areas.
State marijuana laws protect your right to consume and possess cannabis, but once you are on federal land or properties, federal laws apply. While airports are locally owned and operated, the TSA screening areas fall under federal jurisdiction.
If you are found with cannabis by security, you could face charges. However, the focus is on preventing terrorism and enhancing public safety. You may be forced to discard the products and not face charges. It depends on the quantity of medical marijuana you are carrying and the discretion of the TSA agents.
Can You Get A Gun License If You Have A Medical Card?
You can technically get a gun if you have a medical card. But having both a gun and cannabis in your possession can leave you open to legal risks, particularly for people who have had violent crime or possession charges in the past.
Currently, the laws in Massachusetts are unclear about gun ownership and cannabis possession. Because Massachusetts has also legalized adult use (recreational) cannabis, the concerns about gun ownership impact both patients and non-medicinal users.
Massachusetts General Law (c. 140, sec. 131(e)) states that the licensing authority can decide whether to issue a License to Carry (LTC). The issuing authority must decide if the applicant’s request conflicts with state and federal laws.
Federal prohibition of cannabis means that any use of cannabis is illegal, according to federal law. One of the reasons that many support the Health and Human Services (HHS) recommendation to reschedule cannabis to Schedule III on the Controlled Substances Act is to make gun ownership federally legal for law-abiding citizens who own a firearm.
The Drug Enforcement Administration (DEA) staunchly disapproves of rescheduling cannabis. On August 29, 2023, the Department of Health and Human Services sent a leader to the Administrator of the Drug Enforcement Agency, calling for reclassification of cannabis to Schedule III.
There has been little movement other than a letter written to President Biden by six Governors asking for an end to the federal prohibition of cannabis by the end of 2023. At the time of writing, cannabis remains a Schedule I prohibited substance.
Am I Allowed To Carry My Gun Into A Cannabis Dispensary?
No. Guns are not allowed in dispensaries to protect the safety of dispensary customers and staff. This policy stems back to the days when dispensaries had one payment option: cash. Today, other digital transaction methods are more secure, and they have helped to reduce theft and other crimes targeted at dispensaries.
Retail locations, restaurants, and public venues also ban firearms for safety concerns. If you have a firearm, store it safely in your vehicle before entering the dispensary. If you possess firearms and you are not sure whether the dispensary permits patients to open carry, call before you arrive. However, you will find that for both legal and security reasons, possessing firearms in a dispensary is prohibited. Even if you have a Massachusetts medical marijuana card and firearm owner’s identification.
Do The Same Gun Restrictions Apply to CBD and Delta-THC Hemp Products?
No. The Farm Bill that went into law on December 20, 2018, federally legalized cannabidiol (CBD) products in the United States. You can travel with CBD domestically and use CBD products because, as long as they are derived from industrial hemp and contain less than .30% THC, they are legal according to U.S. federal law.
Possession of a gun and CBD will not get you into legal trouble, the same way as combining cannabis with guns on your person. You cannot get impaired after taking federally compliant CBD; however, the update to The Farm Act includes provisions that may make Delta-THC products an illegal drug if they contain enough THC to be psychoactive.
To date, twelve states have banned psychoactive hemp products, such as Delta-8 and Delta-10. The Agricultural Improvement Act update was not finalized at the time of writing. However, individuals who use psychoactive hemp products should consider them equivalent to cannabis when it comes to the risk of criminal charges for gun possession and recreational use.
Aaron Bloom serves as the CEO, overseeing the mission and growth of DocMJ and Medwell Health and Wellness Centers. Aaron’s passion for improving patients’ lives comes from his background in health care. For more than 20 years, Aaron owned, operated, and represented traditional healthcare organizations. This experience created a passion for finding improved ways to relieve suffering. His goal as CEO is to work daily to relieve all patients who seek better health and wellness through the medicinal benefits of medical cannabis and evidence-based alternative medicines.
