While Florida permits the  legal use of medical marijuana, federal law says the user cannot purchase and/or own a gun. A violator faces serious criminal charges with a federal penalty of five-years jail time and a $10,000 fine.

 

As far as gun ownership by marijuana consumers is concerned it is the federal government that takes the lead and the legal states follow. No gun purchase or possession is allowed to marijuana consumers including medical marijuana cardholders.

 

 

Federal Laws:

 

The Federal Gun Control Act of 1968 and the Federal Omnibus Consolidated Appropriations Act of 1997 make it illegal for a person who fits into any of the following categories to ship, transport, receive or possess firearms or ammunition.

Persons who are unlawful users of or are addicted to narcotics or any other controlled substances, including medical marijuana.

Federal law prohibits medical marijuana users from possessing or buying firearms and ammunition — even if state law allows the drugs use.

Form 4473 of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) states that anyone attempting to buy a gun from a licensed seller must truthfully answer a series of Yes/No questions, including:

“11.e. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”

A marijuana user could, in theory, answer “No” to question 11.e., but that respondent would be violating federal law by doing so and it is a crime punishable as a felony under Federal law, and may also violate State and/or local law.

 

As you know, Federal law, 18 U.S.C. § 922(g)(3), prohibits any person who is an ·'unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))" from shipping, transporting, receiving or possessing firearms or ammunition. Marijuana is listed in the Controlled Substances Act as a Schedule I controlled substance, and there are no exceptions in Federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by State law.

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