Can Medical Marijuana Users Own Guns in West Virginia? What Patients Need to Know

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If you have a medical marijuana card in West Virginia, you might be wondering: “Can I legally own or carry a gun?” According to federal law, anyone registered as a medical marijuana patient is prohibited from owning or possessing firearms, despite their state’s legal program.

Federal Law and the ATF Form

Even though West Virginia allows adults to use medical marijuana, federal law still treats marijuana as a Schedule I controlled substance. Under federal law, anyone who uses a controlled substance is considered an unlawful user, even if that use is allowed under state law, because federal law does not recognize medical marijuana programs in any state.

When purchasing a firearm, buyers must complete ATF Form 4473, which asks if they use marijuana or any other controlled substances. The form clearly warns that marijuana remains illegal under federal law “regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.” Answering yes disqualifies you from buying a gun.

For West Virginia patients, the state’s medical marijuana application does not ask whether you already own a firearm. However, that does not mean you are exempt from federal rules. Once you become a registered medical marijuana patient, federal law prohibits you from possessing firearms, regardless of when or how you obtained them. The issue becomes especially important if you apply for or purchase a gun after getting your medical card, since that transaction would directly conflict with federal law.

The Supreme Court Case: United States v. Hemani

This issue is currently being examined by the U.S. Supreme Court in United States v. Hemani. Ali Danial Hemani, a Texas resident and lawful medical marijuana user, was charged with possessing a gun while using marijuana. He argued that the federal law banning gun ownership for drug users violated his Second Amendment rights. 

Texas, like West Virginia, has legalized medical marijuana use under state law, but marijuana remains illegal federally, creating the same kind of conflict that West Virginia patients face. Lower courts have issued mixed rulings in similar cases, with some finding the federal ban unconstitutional “as applied” in specific situations.

The Supreme Court’s decision could clarify how federal law applies nationwide. In West Virginia, state law permits medical marijuana use, but federal law continues to prohibit marijuana users from owning or possessing firearms. Since federal law takes precedence, medical marijuana patients are not legally allowed to have guns, even if they’re following all state requirements.

What West Virginia Patients Can Do

• Stay Informed: Monitor updates from West Virginia’s medical marijuana program and federal legislation.

• Consult Legal Experts: Medical marijuana patients who also own guns or want to purchase firearms should seek professional legal guidance.

• Advocate for Change: Supporting legislative reform could help protect the rights of medical marijuana patients nationwide.

Until the Supreme Court rules on United States v. Hemani or federal law changes, West Virginia medical marijuana patients must carefully consider the legal risks of firearm ownership. Balancing health needs with legal responsibilities is essential to avoid serious criminal consequences.

Get Your Medical Marijuana Card Today!

Medical marijuana is legal in the state of West Virginia, and you can apply for your very own medical card today! You need your medical card to visit any dispensary in the state.

If you think you may benefit from medical marijuana, there is a good chance you will qualify for a card. It is now easier than ever to get your card with telemedicine, right from the comfort of your own home!

Being a West Virginia medical marijuana patient allows you the freedom to establish your personalized treatment plan. We’re dedicated to helping patients every step of the way!

Feel free to give us a call at 877-303-8424, and we can answer your questions about getting a medical marijuana card in West Virginia.

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Doctors Who Care.

Relief You Can Trust.

West Virginia Marijuana Card’s mission is to help everyone achieve wellness safely and conveniently through increased access to medical marijuana. Our focus on education, inclusion, and acceptance will reduce the stigma for our patients by providing equal access to timely information and compassionate care.

If you have any questions, call us at 877-303-8424, or simply book a medical marijuana evaluation to start getting relief you can trust today!

Check out West Virginia Marijuana Card’s Blog to keep up to date on the latest medical marijuana news, tips, and information.

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