What are the medical marijuana gun laws in Missouri? While cannabis is legal in Missouri, the federal government still regulates gun rights.
In this article, we’ll let you know where you stand as a licensed cannabis patient in Missouri, whether you already own a gun, or if you want to purchase a gun. We’ll give you the state’s take on it, and the federal government’s bark along with what their bite might really be on the subject.
Marijuana Guns Laws: The State of Missouri
Article XIV of the Missouri Constitution, which authorizes the medical use of marijuana in Missouri, does not reference or prohibit the possession or purchase of firearms. The Department of Health and Senior Services (DHSS), which oversees the medical marijuana program, 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, law enforcement will have limited access to the database in order to verify proof that a patient is allowed to possess medical cannabis. But no entity can request the entire record of patients for the purpose of crosschecking and investigating patients for gun ownership.
State and local law enforcement do not have the final say (currently) on gun laws. That is the ultimate dominion of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which answers to federal law.
The Land of Federal Law—Cannabis Gun Rights
In 2011, the ATF sent an open letter to gun dealers in the U.S. to set the record straight about controlled substances and firearms. At the time, when several states had already legalized medical marijuana, the question of how to reconcile these two rights in legalized states was buzzing about.
Marijuana gun laws: The ATF made it clear: Marijuana is a Schedule I controlled substance (according to the federal government), and no person who uses it (medically or otherwise) may buy or possess a firearm. The ATF forbade gun sellers from selling firearms to known licensed medical marijuana patients. Federal law has not changed since that letter, and therefore, it is technically not legal for Missouri (or any state’s) medical marijuana patients to possess or buy firearms.
Gun dealers obviously are not itching to follow this directive. But it’s similar to the situation with casinos in Las Vegas when cannabis became recreationally legal in Nevada. Because they are regulated by the federal government and must comply with federal laws, casinos can’t allow guests to use cannabis on-premises. It is the same with gun dealers who are licensed by the federal government.
However, public information officer for the Kansas City ATF branch, Jon Ham, was able to shed some insight on what to expect if you possess a firearm or if you go to buy a gun and you are a licensed medical cannabis patient.
If You Already Own a Gun
Again, no one is going to ask you at the time that you apply for your medical marijuana card if you own a firearm. Ham stated that the federal government would not be reviewing the registry, stressing that it would be a waste of the ATF’s resources to turn its focus from gun trafficking and violent crime to investigate individuals who may be violating this law.
However, he emphasized that this is not a free pass. The situation will be more unavoidable when a qualifying patient goes to purchase a gun in Missouri.
If You Want to Buy a Gun
Having a Missouri medical marijuana card is grounds for a gun dealer to deny a gun purchase application. To complete the transaction, you must fill out a six-page application that asks you straight out if you use marijuana. If you answer “yes”, you are automatically denied. If you say “no”, and you are a qualified patient, it is a federal crime.
2021’s New Missouri Marijuana Gun Laws
Slightly confused as to where MO stands on their marijuana gun laws? Don’t worry — things just got a lot clearer.
In May of 2021, Missouri announced the passing of the state’s first MMJ gun law bill. The bill explicitly protects the rights of medical marijuana cardholders and gun owners in Missouri. Called the Second Amendment Preservation Act, this bill is all about securing the right to bear arms, even for those with MMJ cards.
Having these clear regulations may do wonders for MO residents. Now, Missouri is one of the first states in the country to have such outlined cannabis and gun laws, helping to pave the way for more legalized states in the future. As the year progresses, we will see how this new marijuana gun law protection pans out and if MO can successfully regulate the two. Fingers crossed, Missouri.
Keeping Missouri Cannabis Patients Informed
At Elevate Holistics, we want medical marijuana cardholders to understand their right to access medicinal cannabis and the scope of all that comes along with it. If you own a firearm and are a qualifying patient, you should be aware that technically you are in violation of federal law.
Federal law does expect you to transfer ownership. But no one is going to come check on you. Still, technically you (and all medical marijuana patients in all states) are also in violation of federal law for possessing and using cannabis. It’s simply that the federal government has chosen not to challenge states on their decisions.
It seems that aside from organized crime, federal law enforcement chooses not to police state populations. As of now, the state of Missouri is not going to prohibit gun ownership for medical marijuana card holders, nor will they report you. The Missouri concealed carry permit does not ask about drug use.
It’s likely that until the federal government can relinquish its obstinate assertion that cannabis is a Schedule I drug with no medical value, having a medical marijuana card will continue to block you from purchasing a gun.
Still, have questions about medical marijuana gun laws in Missouri?
- Check out our Missouri medical cannabis FAQ page for more info on state policies.
- Find medical marijuana doctors near me in Missouri!
- Dispensaries near you: https://elevate-holistics.com/blog/find-medical-marijuana-dispensaries-near-me-in-missouri-dhss-map/
If you’re ready to speak to a physician about getting your medical cannabis certification, you can click the following link and we’ll get you set up today.
How to book an appt MO – https://www.youtube.com/watch?v=P4h39BlWd5c&t=6s
Caregiver questions? https://elevate-holistics.com/blog/medical-vs-recreational-marijuana-in-missouri/
Possession limits in Missouri: https://elevate-holistics.com/blog/what-exactly-are-the-mmj-possession-limits-in-missouri/