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Can Maryland MMJ patients legally own firearms?

Adam avatar
Written by Adam
Updated over a month ago

No. Federal law bars medical cannabis patients from purchasing or possessing firearms. The Federal Gun Control Act, 18 U.S.C. § 922(g)(3), prohibits any person who is an ‘unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)’ from shipping, transporting, receiving or possessing firearms or ammunition. Marijuana is listed in the Controlled Substances Act as a Schedule I controlled substance, and there are no exceptions in Federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by State law.

Medical cannabis patient information contained in Maryland’s patient registry is considered confidential, protected health information and held in compliance with federal HIPAA regulations by the Maryland Cannabis Administration. However, the Maryland State Police query individuals who seek to purchase a gun about their status as a medical cannabis patient and bar those who disclose that they are medical cannabis patients from making the transaction. Individuals who provide false information by failing to disclose that they are a medical cannabis patient when purchasing a firearm are in violation of federal statute, punishable by up to 10 years in prison and a fine of as much as $250,000.​

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