Can I Own a Gun and Have a Medical Card in Connecticut

Christine Bufford
November 5, 2024

If you’re a medical marijuana user in Connecticut, you might be wondering if you can own a gun too. This question isn’t as straightforward as it seems, and the answer involves navigating conflicting state and federal laws. Let’s break it down to make it easier to understand.

The Basics: Medical Marijuana in Connecticut

In Connecticut, medical marijuana is legal. The state allows patients with qualifying conditions to apply for a medical marijuana card. Once approved, they can purchase cannabis from licensed dispensaries. However, even though Connecticut says it’s okay to use marijuana for medical reasons, federal law tells a different story.

Federal Law: Where the Problem Starts

Here’s where things get tricky. Under federal law, marijuana is still classified as a Schedule I substance. This means the federal government sees it as an illegal drug, even if the state has legalized it. The Gun Control Act of 1968 is a key part of this puzzle, as it prohibits “unlawful users” of controlled substances, including marijuana, from possessing firearms.

How Form 4473 Impacts Gun Ownership

To buy a gun in the U.S., you must fill out Form 4473 from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). One of the questions on this form asks if you are an unlawful user of, or addicted to, any controlled substance, including marijuana. If you have a medical marijuana card and answer “no,” you’re technically committing perjury. But answering “yes” means you won’t be allowed to purchase the gun.

Can You Legally Own a Gun in Connecticut with a Medical Marijuana Card?

In simple terms, no, you cannot legally own a gun and have a medical marijuana card in Connecticut. While state law doesn’t explicitly say you can’t, federal law overrides this and makes it illegal. So even if you follow all state rules, you’ll run into problems with federal regulations.

Background Checks and Medical Marijuana

When you apply for a gun permit or try to purchase a firearm, a background check is conducted through the National Instant Criminal Background Check System (NICS). This check will flag anyone using a controlled substance, including medical marijuana users. In Connecticut, this means your gun application will likely be denied if you have an active medical marijuana card.

Can You Get a Gun After Your Medical Marijuana Card Expires?

If your medical marijuana card expires and you’re no longer using cannabis, you can apply for a gun license again. However, you cannot have both an active medical marijuana card and a gun license at the same time. This means that once your card is no longer valid, you may be able to pass the background check and legally purchase a firearm.

What About Existing Gun Owners?

If you already own a gun and later decide to apply for a medical marijuana card, things get complicated. Federal law says you are no longer eligible to possess a firearm if you’re using marijuana. If law enforcement finds out, you could face penalties for illegal possession of a firearm.

The Legal Battle Over Gun Rights and Marijuana

There have been several court cases challenging the federal government’s stance on marijuana and gun ownership. In 2016, the Ninth U.S. Circuit Court of Appeals ruled in Wilson v. Lynch that medical marijuana cardholders could not legally purchase firearms. The court’s decision reinforced the idea that federal law takes precedence over state marijuana laws.

Are There Any Loopholes?

You might wonder if there are any legal loopholes to owning a gun while using medical marijuana. Unfortunately, the answer is no. Federal law is clear, and states like Connecticut follow it when it comes to gun ownership. Trying to find a workaround could lead to serious legal consequences.

The Risks of Falsifying Information

If you lie on Form 4473 and say you’re not using marijuana when you actually are, you’re committing a federal crime. This could result in up to five years in prison for making a false statement. It’s not worth the risk, and it’s important to be honest about your marijuana use when filling out the form.

What Should You Do If You Need Both?

If you need medical marijuana and also want to own a gun, you’re in a tough spot. There’s no legal way to do both under current federal laws. One option is to consider alternative treatments if gun ownership is a priority for you. However, if your medical condition requires marijuana, you’ll have to choose between your treatment and owning a firearm.

Why Is There a Conflict Between State and Federal Laws?

The conflict comes down to the difference in how marijuana is viewed at the state and federal levels. Connecticut has recognized the benefits of medical marijuana and legalized it for patients in need.

But federal law, through the Controlled Substances Act, still considers marijuana an illegal drug. Until federal laws change, this conflict will continue to create problems for people in states where marijuana is legal.

Will the Laws Change?

There has been a lot of debate about changing federal marijuana laws. Some lawmakers and advocates are pushing for marijuana to be reclassified or even legalized at the federal level. If that happens, it could open the door for medical marijuana users to legally own firearms. However, as of now, there’s no clear timeline for when or if these changes will occur.

What Does the Future Look Like for Gun Owners and Medical Marijuana Users?

For now, medical marijuana users in Connecticut and other states with similar laws will have to choose between cannabis and gun ownership. It’s a difficult situation for many, but until federal laws catch up with state laws, there’s no easy solution. Hopefully, future legal changes will make it possible for people to exercise both their Second Amendment rights and receive the medical treatment they need.

Need a medical marijuana card in Connecticut? Start your application today! Marijuana Recommendation price via telemedicine is $179 for new patients and $149 for recurring yearly renewal. Take control of your health by scheduling a consultation now!