01 Mar Weapons and Marijuana- An unlawful cocktail?
Posted at 15:06h in Medical Marijuana by Brie Blackledge
What occurs if you wish to buy a gun however are a medical marijuana affected person? Will your gun possession stop you from having the ability to qualify from a medical marijuana card? Let’s discover the rights you may have as a gun proudly owning citizen in addition to a marijuana utilizing sufferers. Each gun laws and marijuana laws are topic to every state, so for the sake brevity of we are going to solely be overlaying Missouri’s authorized local weather.
First let’s focus on who has entry to your medical marijuana information. Earlier than you possibly can apply for a card you’ll have to obtain a advice from a health care provider and have a qualifying situation. When you obtain the required permissions you can be making use of for a medical marijuana card by means of the Missouri Division of Well being and Senior Providers. As soon as your card is accredited the one personnel who will be capable of entry the database of marijuana card holders are regulation enforcement and hashish dispensaries. Regulation enforcement and dispensaries can have restricted entry which is able to solely embody the power for card verification, your medical information won’t be accessible as they’re protected by HIPAA legal guidelines. To recap, the personnel who’re in a position to entry marijuana card information are:
– Your Physician
-Division of Well being and Senior Providers
Missouri’s Constitutional Article XIV which covers the best to entry medical marijuana doesn’t prohibit the possession or buy of weapons. Nevertheless, in accordance with the ATF, the federal authorities defines marijuana as a Schedule 1 managed substance. Gun sellers are forbidden from knowingly promoting firearms to medical marijuana sufferers. The truth is, while you go to buy a firearm you can be requested whether or not you’re a marijuana consumer. In the event you say “sure” you’ll robotically be denied, and should you say “no” however are, you’re committing a federal crime. So technically medical marijuana sufferers aren’t allowed to personal firearms below federal regulation. This will likely quickly change below the MORE Act, nevertheless the invoice remains to be below assessment by the Senate.
Marijuana Sufferers are anticipated to switch firearm possession and might be additional blocked from future firearm purchases. Nevertheless, you’ll not be requested about firearm possession when making use of for a medical marijuana card and it’s unlikely that anybody will examine in your possession standing after qualifying. Missouri just isn’t interested by reporting its non-public residents for gun possession together with medical marijuana use, until you’re committing different critical crime.
Solely the longer term will inform whether or not the federal stance on marijuana will change. If we do see marijuana eliminated as a Schedule 1 drug we are going to start to see various different modifications in laws throughout the board. Till then, contemplate your choices fastidiously and do your due diligence in understanding present state and federal regulation.
For extra data on Missouri’s Marijuana Regulation: https://ballotpedia.org/Article_XIV,_Missouri_Constitution