Can a Michigan medical marijuana patient carry a concealed firearm? Yes, absolutely and legally, but only under the right circumstances.
There’s a lot of confusion when it comes to the legality of carrying, purchasing and possessing a firearm. This article was written in hopes of providing basic information about medical marijuana and concealed carry. In order to fully understand, it will require an explanation of both Michigan and Federal law.
Facing gun charges? Unhappy with your current attorney? Request a free consultation now.
Michigan Law Does Not Prohibit Marijuana Users From Obtaining a Permit to Carry a Concealed Pistol (CPL)
First, it must be made clear that Michigan law does prohibit a person that’s under the influence of marijuana from being in possession of a firearm. Michigan does not prohibit a user of medical marijuana from obtaining a concealed carry permit.
The requirements for obtaining a permit to carry a concealed pistol include having none of the following:
- a felony conviction
- a mental health illness
- a dishonorable military discharge
- a domestic assault conviction in the past eight years
- a DUI conviction within the past three years
As you can see, having a medical marijuana card isn’t on that list. Furthermore, it’s not a question on the application and the county clerk doesn’t have access to Michigan’s Department of Licensing and Regulatory Affairs’ (LARA) medical marijuana patient list. Law enforcement cannot access the list either (for this purpose).
Facing gun charges? Unhappy with your current attorney? Request a free consultation now.
Expungement to Get a CPL
Should you have a felony conviction, it may be eligible for expungement. Learn more about expungement and what’s eligible if one or more felony convictions are the only things preventing you from obtaining a CPL.
“Unlawful User of or Addicted to Marijuana:” What Does This Mean?
Use and possession of marijuana remains unlawful under federal law. The federal government also prohibits a person from possessing a firearm if that person is an “unlawful user or addicted to a controlled substance.” Unfortunately, marijuana use for medicinal or recreational purposes isn’t a defense. It doesn’t matter if the state has provided the legalization or decriminalization of marijuana.
The term “unlawful user of a controlled substance” contemplates the regular and repeated use of a controlled substance in a manner other than as prescribed by a licensed physician. The one-time or infrequent use of a controlled substance isn’t sufficient to establish the defendant as an “unlawful user.”
Rather, the defendant must have been engaged in use that was sufficiently consistent and prolonged, as to constitute a pattern of regular and repeated use of a controlled substance.
It should be noted that a medical marijuana patient is not, by definition, an unlawful user of a controlled substance. However, most medical marijuana patients probably use it in a manner consistent with the definition. Federal law doesn’t prohibit a patient from obtaining a permit to carry a concealed weapon. They do prohibit the possession of a firearm by a regular marijuana user.
An “Unlawful” User of Marijuana is Prohibited From Purchasing a Firearm
To purchase a firearm from a federally licensed firearms dealer, a person must fill out an ATF Form 4473. This form asks the following:
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
If the applicant checks the box “yes,” their application will be denied. Additionally, it’s a felony to lie on a federal form.
The Takeaway: Medical Marijuana and Concealed Carry
If a medical marijuana patient is a regular user of marijuana, and of course many of them are, they can get a permit to carry a concealed pistol (CPL), but they’re in violation of federal law by being in possession (even if not concealed) of a firearm. It’s unfortunate, but until federal marijuana policy changes, this is the law.
To Reiterate
If a felony conviction is the only thing preventing you from obtaining a CPL, you should look into expungement. Should your conviction(s) be eligible for expungement, and we’re successful in helping to get it removed from your record, you’ll be able to get your CPL should all other conditions be met.
Facing gun charges? Unhappy with your current attorney? Request a free consultation now.
*Warning: The use or possession of marijuana remains unlawful under federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.
Attorney Morris is trial lawyer who has been providing high-quality legal representation in the areas of state and federal criminal defense for more than 20 years. He’s known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he’s dedicated to attaining justice in every case, and is always prepared to successfully take on complex legal issues. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society, and is the only forensic lawyer-scientist in Michigan. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He’s also an active member of the National Association of Criminal Defense Attorneys and has graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris is consistently chosen as a Top Lawyer of Metro Detroit and for DUI/OWI and criminal defense by DBusiness Magazine and Hour Magazine. He has also been chosen as a Super Lawyer in Criminal Defense.