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Want Medical Marijuana in Miami, FL? You Have to Give Up Your Gun

medical marijuana

gun In the state of Florida, people are starting to see the opening of more medical marijuana dispensaries. This is good news for those who suffer from illnesses that can be helped by medicinal marijuana. However, if you own a gun, you should take note. If you have a gun and a medical marijuana card, you could end up facing some serious federal criminal charges.

The state of Florida allows a person to own a gun and to use medical marijuana, but not both. This is one of the restrictions that is listed on the form when purchasing a firearm. Federal law states that a person that uses marijuana, even medicinally, cannot purchase a gun legally. The reason for this is because marijuana, which has been decriminalized by many states, is still considered as a schedule 1 drug under federal laws.

According to our Miami criminal attorney, this is one area where some state and federal laws are in contradiction. This law has been challenged in federal court and upheld, so it remains in place for now. For this reason, residents of Florida are caught in a situation where they will have to choose between which is more important, their second amendment right to bear arms, or their medicine.

Gun Laws for Users of Medical Marijuana


If you have a medical marijuana card in the state of Florida and use marijuana for your illnesses, federal law states that you cannot:

  • Possess a gun
  • Buy a gun
  • Use a gun
  • Sell a gun
  • Give guns as gifts
  • Transfer a gun in any way

Under federal law, a person who uses marijuana in any form is not allowed to possess any type of firearm or ammunition. The reason for this is because marijuana is considered to be a dangerous and addictive drug that may cause erratic behavior. It is listed as a schedule 1 drug and is in the same category as mescaline, LSD, heroin, and peyote.

While the right to bear arms is a right provided under the constitution, federal law will always trump state law. Miami criminal attorneys note that legal precedent regarding this situation has been upheld in the courts so far. Simply put, do not try to use marijuana and own a gun unless you are ready to potentially spend years in prison. This is a serious charge, and you will need legal help in order to fight for your rights.

A Miami Criminal Attorney Can Help

In the state of Florida marijuana and guns do not mix. If you are currently using marijuana and possess a firearm, you could face serious criminal charges. This type of charge could dramatically change your life, and you could end up going to prison for many years. If you have found yourself in this situation, contact a Miami criminal attorney for help.

Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions.

View more contact information here: Miami Criminal Attorney.

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