Can Virginia Gun and Concealed Carry Owners Still Get a Medical Marijuana Card?

Medical marijuana is legal in Virginia, but what does that mean for your Second Amendment rights? If you’re a gun owner or considering becoming one, and you also use or plan to use medical marijuana, you need to understand how state and federal laws intersect. The issue is more complex than many realize.

Here’s what you need to know about gun ownership as a Virginia medical marijuana cardholder.

The Legal Conflict: State vs. Federal Law

Virginia State Law

While Virginia has legalized medical marijuana, marijuana is considered a Schedule I controlled substance under both state and federal law. In Virginia, it's illegal to possess a firearm while also possessing a Schedule I or II substance.

Under Section 18.2-308.4(B) of the Virginia Code, doing so is a Class 6 felony and carries a mandatory minimum sentence of two years in prison if convicted.

Federal Law

At the federal level, the Gun Control Act of 1968 prohibits anyone who is an “unlawful user of or addicted to any controlled substance” from possessing firearms or ammunition. This includes all cannabis users, even those who are using medical marijuana legally under state law.

In 2011, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a letter clarifying that licensed gun dealers cannot sell firearms to anyone who uses marijuana, regardless of state law.

Key Court Case: Wilson v. Lynch

In Wilson v. Lynch, the Ninth Circuit Court ruled that federal law can prohibit medical marijuana users from buying firearms, even if marijuana is legal in their state.

The case involved a woman who had a medical marijuana card but did not use marijuana. She was denied a gun purchase, and the court upheld the ATF’s 2011 policy that a medical marijuana card is enough to presume unlawful drug use under federal law.

Why It Matters

• The ruling confirmed that federal law overrides state marijuana laws when it comes to gun rights.

• Even having a medical marijuana card can legally block a firearm purchase.

• This decision continues to shape how gun laws are enforced for marijuana users nationwide, including in Virginia.

What This Means for You in Virginia

If you’re a Virginia resident and have or are considering getting a medical marijuana card, here are the legal realities you need to be aware of:

• You Cannot Legally Own a Gun and Use Medical Marijuana At the Same Time: Doing so violates both state and federal law.

• Concealed Carry Permits Are Off-Limits: Medical marijuana users in Virginia are not eligible for concealed carry permits.

• Background Checks Will Flag Your Marijuana Use: During a firearm purchase, background checks may flag medical marijuana users, and the sale will be denied.

• You Risk Criminal Charges: Possession of both a firearm and medical marijuana, even with a valid card, can result in felony charges, jail time, and loss of gun rights.

What You Should Do

1. Consult a Lawyer: If you use or plan to use medical marijuana and own a firearm, speak with a criminal defense or Second Amendment attorney who understands both state and federal law.

2. Stay Informed: Marijuana laws are evolving. While some federal reforms are being debated, no current legislation changes these firearm restrictions.

3. Be Honest on Federal Forms: When filling out ATF Form 4473 to purchase a firearm, lying about your marijuana use is a federal crime punishable by up to 10 years in prison.

Bottom Line

Navigating the intersection of gun rights and medical marijuana use in Virginia can be challenging, but being informed is your best tool. While current state and federal laws restrict firearm ownership for medical marijuana patients, understanding these rules empowers you to make informed, legal decisions.

As public opinion and legislation around marijuana continue to evolve, change may be on the horizon. Advocacy efforts and proposed reforms at the federal level could eventually bring more alignment between medical freedom and constitutional rights.

In the meantime, you can still access the benefits of medical marijuana legally in Virginia, just be mindful of the tradeoffs when it comes to firearm ownership. If gun rights are a priority, speak with a knowledgeable attorney to explore your options and stay ahead of any legal developments.

Get Your Medical Marijuana Card Today

Lucky for you, medical marijuana is already available in Virginia! You can get your medical marijuana card and access dispensaries today if you have a qualifying condition.

Recreational marijuana is legal in Virginia, but it does not mean much since there are no recreational dispensaries to purchase products from.

There are also countless benefits to having your medical card in a recreational state! You will save money on taxes and marijuana products, and you will enjoy higher possession and purchase limits if you have your medical card in Virginia!

In order to qualify for your medical marijuana card, you will need to have a condition that makes you eligible. If you aren’t sure if you would qualify, give us a call and we can answer any questions you may have about the process.

If you don’t already have your card, no worries. We can help! If you think you could benefit from medical marijuana, there is a good chance you would qualify for your medical card in the State of Virginia. With telemedicine, it is now easier than ever to get your medical card from the comfort of your own home!

In Virginia, any inhibiting condition could qualify you for your medical card. If you don’t already have it, we can help! Schedule an evaluation online today and we’ll make an appointment for you with one of our knowledgeable, compassionate doctors.

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Doctors Who Care.

Relief You Can Trust.

At Virginia Marijuana Card, our mission is to help everyone achieve wellness

safely and conveniently through increased access to MMJ. 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 (888) 633-5808, or simply book a medical marijuana evaluation to start getting relief you can trust today!