When it comes to Missouri medical marijuana cards and guns, though medical marijuana is legal in Missouri, gun laws are regulated nationally. If you apply for a medical marijuana card in Missouri, can you also own a gun? It’s not a simple answer, but in this article we’ll break it down by which state and national laws impact you as a licensed cannabis user.
Article XIV of the Missouri Constitution authorizes the medical use of marijuana in Missouri. The law as it stands does not reference or prohibit the possession or purchase of firearms. The medical marijuana program is run by the Department of Health and Senior Services (DHSS). When you apply for a medical marijuana card, the DHSS will not ask you if you own a firearm when applying. Nor will they distribute the database of patients who have a medical marijuana card, citing that it violates privacy.
However, this database can’t be accessed by just anybody – even law enforcement. This still applies even if someone were trying to prove that a patient is allowed to possess medical cannabis. At this time, no entity can request the entire record of for the purpose of investigating patients for gun ownership. So, when it comes to medical marijuana cards and guns, there is a gray area.
Currently, state and local law enforcement do not have the final say on gun laws – this falls under the jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and federal law.
New gun laws in Missouri for cannabis users
Still confused about your rights in Missouri? A new law passed in 2021 may make it easier for cannabis users to understand their rights.
In May of 2021, Missouri passed the first MMJ gun law bill. The bill protects the rights of medical marijuana cardholders and gun owners in the state. The bill is called the Second Amendment Preservation Act, and it is all about securing the right to bear arms, even for cannabis users with legal medical marijuana cards. Missouri is one of the first states in the country to have clear cannabis and gun laws. Hopefully this move will pave the way for more legalized states in the future.
According to the St. Louis Post Dispatch, despite the Act’s passage, the issue has yet to be ruled upon by either state or federal courts. “The Second Amendment Preservation Act doesn’t actually address marijuana use. Instead, it limits law enforcement or other government agents in the state from enforcing the federal gun laws against law-abiding citizens.”
How to get a medical marijuana license in Missouri
For those interested in medical marijuana cards and guns, you should be aware that you are technically violating federal law – but no one is necessarily going to check on you. In 2018, Missourians voted to approve the legal sale of medicinal cannabis. In order to purchase legal weed at a dispensary, Missouri residents must present a medical marijuana license. Click here to start our simple, online application process.
So what should you do?
In conclusion, if you want to own a gun while also holding a medical marijuana card in Missouri, the best thing to do is consult a qualified attorney for the best legal advice.