Can Louisiana Medical Marijuana Users Legally Own Guns?

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Firearms are an important part of life for many Louisiana residents, but for those legally using medical marijuana, owning or carrying a gun can be complicated. While Louisiana law allows patients with qualifying conditions to use medical marijuana, federal regulations still classify marijuana use as a disqualifying factor for gun ownership. 

Understanding how state and federal rules interact is essential for anyone navigating both their health needs and their Second Amendment rights.

The Federal Law Conflict

Under the Gun Control Act, it is illegal for anyone who is an “unlawful user of or addicted to marijuana” to possess or purchase firearms. This federal restriction applies even if marijuana use is legal under Louisiana’s medical marijuana program. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces these rules nationwide.

Even as a registered medical marijuana patient in Louisiana, federal law considers you a prohibited person when it comes to firearms because marijuana is still classified as a Schedule I controlled substance under federal law. This classification means that any use of marijuana, including legally prescribed medical use under state law, is treated as illegal at the federal level. Under the Gun Control Act, anyone who uses marijuana, even for medical purposes, is therefore considered an “unlawful user” and is prohibited from possessing, purchasing, or carrying firearms.

The United States v. Hemani 

The Supreme Court is now examining the conflict between marijuana use and gun ownership in United States v. Hemani. The case involves a Texas man who was prosecuted for possessing firearms while regularly using marijuana. The central question is whether prohibiting gun ownership for marijuana users violates the Second Amendment.

This case has the potential to affect medical marijuana patients across the country, including in Louisiana. If the Supreme Court rules in favor of Hemani, it could create legal protections allowing medical marijuana patients to legally own firearms under federal law. Until then, the federal restriction remains in effect for states nationwide despite their medical marijuana programs.

What This Means for Louisiana Patients

• Gun Ownership Is Restricted: Registered medical marijuana patients in Louisiana are prohibited from possessing firearms under federal law.

• Gun Purchases Are Illegal: Attempting to buy a firearm while using medical marijuana is against federal law. Falsifying answers on the ATF’s Form 4473 can result in serious criminal penalties.

• No Concealed Carry Rights: Federal law supersedes Louisiana’s concealed carry provisions. Medical marijuana users cannot legally obtain a concealed carry permit or carry a firearm.

The ATF Form 4473

When purchasing a firearm from a licensed dealer, buyers must complete ATF Form 4473, which asks about marijuana and other drug use. Answering “yes” as a medical marijuana patient bars you from purchasing a gun. Providing false information can result in federal charges, including perjury, and up to 10 years in prison.

What Louisiana Patients Can Do

• Stay Informed: Monitor updates from Louisiana’s medical marijuana program and federal legislation.

• Consult Legal Experts: Medical marijuana patients who also own guns or want to purchase firearms should seek professional legal guidance.

• Advocate for Change: Supporting legislative reform could help protect the rights of medical marijuana patients nationwide.

Until the Supreme Court rules on United States v. Hemani or federal law changes, Louisiana medical marijuana patients must carefully consider the legal risks of firearm ownership. Balancing health needs with legal responsibilities is essential to avoid serious criminal consequences.

Get Your Medical Marijuana Card Today!

Medical marijuana is legal in the state of Louisiana, and you can get your medical marijuana card today! It is now easier than ever to get your card, so if you think marijuana may benefit you, what are you waiting for?

If you aren’t sure if you qualify for a card, we can help! Just give us a call and we can answer any questions you may have.

Marijuana is an excellent alternative medicine that offers natural, safe, and legal relief for an array of symptoms. If you think marijuana could help some of your symptoms, what are you waiting for?

Schedule an evaluation online today with one of our knowledgeable, compassionate doctors to see if you qualify for your medical card. Not only will you discuss your condition and options, but you can do so through a virtual appointment in the safety of your own home!

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Doctors Who Care.

Relief You Can Trust.

At Louisiana Marijuana Card, our mission is to help everyone achieve wellness safely and conveniently through increased access to medical marijuana. Our focus on education, inclusion, and acceptance will reduce the stigma for our patients by providing equal access to timely information and compassionate care.

Call us at (833) 253-2943, or simply book a medical marijuana evaluation to start getting relief you can trust today!

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