Gun Rights and Medical Marijuana in Virginia: What Patients Should Know

Virginia patients have more access to medical marijuana than ever before, thanks to the state’s growing program. For many, it’s been a life-changing option for managing serious medical conditions. But if you’re one of the many Virginians who also owns a firearm, you might be wondering: How does using medical marijuana affect my gun rights?

The answer isn’t simple. While Virginia has legalized medical and recreational marijuana, federal law still takes a very different view. Here’s what you need to know about the complicated relationship between marijuana and gun ownership in Virginia.

Virginia Law vs. Federal Law

Virginia law allows patients with a valid medical marijuana card to purchase, possess, and use marijuana within certain limits. Recreational marijuana is also legal; however, Virginia does not currently allow the sale of recreational marijuana. The only way to go to dispensaries and purchase legal marijuana is with your medical marijuana card. On the state level, having a medical marijuana card does not automatically take away your right to own a gun. Virginia does not currently have a law that specifically prohibits medical marijuana users from owning or buying firearms.

However, the federal government sees things differently. Under federal law, marijuana is still classified as an illegal Schedule I controlled substance. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) considers anyone who uses marijuana, even for medical reasons and even in a legal state, to be an “unlawful user.” That means you’re prohibited from owning or possessing firearms or ammunition under federal law.

Buying a Gun While Using Marijuana

If you plan to purchase a firearm, you’ll be required to fill out ATF Form 4473, which asks whether you use marijuana or any other controlled substances. If you answer “yes,” you will be denied the purchase. If you answer “no,” but you do use marijuana, you could face federal charges for lying on the form. This is true even if you have a valid medical marijuana card from Virginia.

For Virginians who already own firearms, the situation is also complicated. Even if you purchased your guns legally before becoming a medical marijuana patient, federal law still technically prohibits you from possessing them if you’re using marijuana. That said, Virginia’s medical marijuana registration process does not ask about firearm ownership, so many patients simply continue to exercise their rights responsibly without issue.

What About Concealed Carry Permits?

Having a Virginia concealed handgun permit (CHP) is another area where things can get tricky. When you apply for a permit, you’re asked about illegal drug use and certain disqualifications. Because marijuana is still illegal federally, it could raise questions during the permitting process, even if you’re following Virginia law by using medical marijuana.

Are Things Changing?

Recently, some federal court cases have challenged the constitutionality of banning marijuana users from owning firearms. A few judges have ruled that the federal law may violate Second Amendment rights, while others have upheld the ban. For now, though, the U.S. Supreme Court hasn’t settled the issue, and the federal ban remains in place.

Virginia patients should keep an eye on these legal developments, as they could eventually change how the law is applied. But at this time, the conflict between state and federal law still exists.

The Bottom Line

If you’re a Virginia medical marijuana patient and you own, or plan to own, a firearm, it’s important to understand the risks and the current laws. Even though Virginia law does not prohibit you from having both, federal law still does. That means there are potential legal consequences if you choose to use medical marijuana and own firearms at the same time.

We recommend staying informed about changes in the law and being honest on any forms you fill out when purchasing a firearm. And remember, this information is for general awareness only and should not be considered legal advice.

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.

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!

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, we’re here to make the process easy and stress-free. Our team is dedicated to helping you unlock the full benefits of Virginia’s medical marijuana program while improving your overall quality of life.

Don’t wait to start feeling better. Call us at (888) 633-5808 or schedule your evaluation today, and take advantage of the many benefits a medical card has to offer!