Friday, January 17, 2020
Can You Own A Gun and Have Your Medical Marijuana Card in Florida
In Florida State one cannot own a gun and have a medical marijuana card at the same time though you can legally own a gun without a medical marijuana card. Some people treat their illnesses using marijuana and own guns semi legally. A total of approximately 21 dispensaries is evident to provide medicinal marijuana cards in Florida. Though a number of people sign up to take advantage of decriminalized medical treatment. Roadblocks are evident to those who hope to use marijuana legally. Anyone caught using marijuana for non-medical or without medicinal marijuana cards in Florida can be arrested.
Marijuana is illegal under the controlled substances Act making it a controlled substance. This shows that the Federal government can come after marijuana users even if they own medicinal marijuana card. A Rep. Cord Byrd(R), from Jacksonville warns people against having a medical marijuana card and owning a gun at the same time for this will lead to serious consequences such as running into a foul of federal law if they come if they come across the wrong federal prosecutor.
Some people might prefer to own both a gun and a medical marijuana card because there is no gun registry making it very difficult for hypothetical federal prosecutor to hunt for guns without probable cause. It is advisable to take precautions early enough before leading yourself in a serious problem. Federal agents are forced by Federal law to force Florida to retract that license for having one is not a violation of federal law. For one to purchase a firearm in Florida, you must fill out an ATF form 4473.
The form has various questions which includes whether the user is controlled of any substance or addicted to any substance. Owning a medical marijuana card in Florida means that you are a user of marijuana. The applicant of the gun either tells the truth about himself or herself and almost be rejected the gun or lies about himself to face 4 years imprisonment for something which is easily verifiable by the ATF. The firearm discourages people from taking part in any clearly illegal offence. Buying a gun or any form of firearm from a private individual or another person who initially owned it is very illegal and unadvisable because it might lead you to serious problems, for example the gun sold to you might be related to a murder case or a robbery somewhere making you a suspect and this might lead to serious consequences like life imprisonment or arrest. Buying a gun from a private source does not require a form 4473.
The best example of a witness who was told he cannot own a gun and a medical marijuana card at the same time is Jamie who had a medical marijuana card in Florida and he went to a local dispensary which told him to it was impossible and unlawful for him to renew his concealed weapons permit due to his medical marijuana license.
Florida department of Agriculture and Consumer Services handles concealed weapons licenses. A list of factors to consider is provided by Florida statute 790.06 which must approve or deny concealed weapons license by the department of ATF. When one buys a gun or firearm from a store or any federal firearm licensed dealer which means one must fill out form 4473 which clearly provides details whether you are an unlawful use of marijuana. A warning passed in 2016 by the ATF stated clearly that the use or possession of marijuana is unlawful under federal law.
Meade quoted that he wants to follow the law but at the same time he is not ready to relinquish his concealed weapons permit for a medical marijuana prescription. Marijuana can be used for medicinal purposes or recreational purposes basing on the state where one resides or even the person’s own decision or choice has an equal say on that.
Surprisingly, some medical marijuana patients in Florida decide to go against the law and use their relatives or even friends to purchase for them firearms or guns though it is very risky and unlawful for they are not supposed to own guns according to the law.
In Florida, people don’t respect the rule of not owning a medical marijuana card and a gun at the same time for there is no law in Florida’s gun laws that tells citizens to surrender their weapons in order for them to get medical marijuana cards. One cannot give up his rights of owning a gun which can help him for protection purposes just to use medical marijuana. A certain patient in Florida named Jamie was involved in a tragic accident which made him have a neck and back surgery. He was prescribed drugs which helped a bit but still experienced pain at the end of the day. He therefore started using marijuana for medical purposes without knowing much about it. Afterwards, a local dispensary told him due to the medical marijuana card, he would not be able to renew his concealed weapons permit though he already owned them.
My research came across another client who was involved in a very bad car accident. He visited an orthopedic doctor several times and was prescribed certain powerful medications to help him reduce the pain. After consistent pain he experienced without relief, he decided to be dependent and concerned with the prescribed medication. He therefore gained interest in medical marijuana cards but after an investigation, he found out that the medical marijuana cards would deny him the right to own his concealed weapons license.
In Florida State, the use of marijuana has been legalized for both medical purposes and recreational purposes. One can own or possess marijuana up to a certain amount provided he or she has a valid medical marijuana card. A section named section 10 in the CCW laws in Florida State that a CCW permit can be denied if you have been convicted in the past for substance abuse or for violating other laws due to controlled substances.
On the other hand medical marijuana laws does not have any law that talks about firearms or guns or even their rights. This makes it legal for one to own a CCW permit and a medical marijuana card in Florida without any problem.
According to the Federal government, a form 4473 must be filled every time when a new firearm is purchased from a gun store. Others buy guns from other gun owners in Florida following Florida laws. As long as you stay within the laws, you can use your gun for as long as you need without any restrictions as long as you don’t use it when you’re high that’s why Florida discourages those of medicinal marijuana to own guns.
It is the biggest risk for someone to walk with his gun and marijuana drug at the same time because it might lead you to serious consequences. One might even be forced to go to other gun owners for new guns and it is very risky because the Federal government controls new sales. Behind all this, Florida State protects its citizens and encourages them to use medical marijuana and also buying guns or even having a CCW permit. In Florida, patients are educated and told about the advantages of leaving their marijuana behind before trying to cross any state line. It is advisable to get attention of a federal agent while still being in Florida.
In the year 2016, 70% of voters approved the use of medical marijuana. In the year 2017, the state legislature placed a ban on smoking medical marijuana. Ron D Santi , a governor in Florida state in the tear 2019 signed a bill categorized as bill SB182 to allow the sale and purchase of marijuana for medical use although this bill only favored a qualified class of Floridians who possess the medical marijuana cards. Some people in Florida can illegally own a medical marijuana card in order for them to sell marijuana for business purposes and earn money. However the Federal government still views marijuana businesses and the use of marijuana either for medicinal purposes or recreational purposes as illegal.
Each state has its own distinct rules whether its people or rather citizens should carry concealed weapons or not. In Florida, a concealed weapon license is issued to only qualified applicants; that is one should not be in any medical marijuana treatment and also must adhere to all the federal law requirements.
The different powers vested in each entity makes the state rules and federal rules different. This is so because state rules might allow you to use medical marijuana which requires a medical marijuana card the best example being the state of Florida although this is very illegal under the federal law. Welfare, health, safety and most importantly morals are key elements in Florida and the state of Florida uses its powers to regulate all this. It is the choice of each state to make marijuana legal or illegal basing on their advantages and disadvantages for it has a positive impact on health to those who need it and find it helpful.
Medical marijuana card flags gun buyers as unlawful users but also protects them from pot arrest. The Court of Appeal argues that medical marijuana doctor recs and card holders in Lakeland Florida are less likely to commit crimes. Marijuana users in Florida are prevented from having guns because the use of marijuana can lead to irrational and unpredictable behaviors which might make them misuse the guns leading to serious consequences or even death. Any patient who joins medical marijuana and initially owned a gun is advised to turn in or dispose of their guns.
According to research, Florida has more than 200,000 medical marijuana patients and it is also ranked as the state which has the highest number of concealed weapons permit holders.
Some medical marijuana patients complicate this law and it is difficult for the state to control it for they purchase guns from private dealers through private sales known as gun show loophole. In private sales, private dealers sell their guns without filling out the federal which is very illegal. Nikki Fred, an Agriculture Commissioner in Florida owns both a concealed weapon permit and a medical marijuana card and argues clearly that he cannot deny gun permits to medical marijuana patients.
H.R 2071 was introduced by Rep. Alex Mooney of Florida state to ease federal restrictions on marijuana patients to allow them own guns but so far there is no other vote on that measure.
If Federal laws and state laws align or speak the same language about marijuana, then medical marijuana would be so much easy. This makes some legal questions complicated. In most cases guns are associated with crimes and dangerous people like drag traffickers who use guns to protect their cargos making the Federal government have a very bad impression about them and people who use them.
How does the Federal government view Florida? This is a question that comes to your mind first when you come to think of how marijuana is legal for medicinal purposes in Florida and it is also possible to get concealed carry weapons permit in the same country (CCW permit) while the Federal government opposes all this. All Natural Medical Solutions.
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