Can Medical Marijuana Patients Own Guns in Louisiana
In Louisiana, many people love the state’s traditions. These traditions often include hunting and owning firearms. At the same time, the state has a medical marijuana program that is helping many people feel better.
This is where things get very complicated. When the right to own a gun and the right to use medical cannabis meet, they crash into each other. This is because state ideas and strict federal laws are in a legal fight.
This article will be your simple guide through this confusing topic. We will help you understand the rules to answer the big question: Can Medical Marijuana Patients Own Guns in Louisiana?
The Federal Law
To get the right answer, we have to start with the laws of the United States government. These federal laws apply to every single person in the country, including everyone in Louisiana. The first big law is the Controlled Substances Act, or CSA.
This national law puts all marijuana into the most serious category, called Schedule I. This means the U.S. government says marijuana is illegal and has no accepted medical use. It does not matter that Louisiana has a legal medical program.
Because of this, another federal law called the Gun Control Act of 1968 is very important. This law has a clear rule that says any person who is an “unlawful user of…any controlled substance” is banned from having or buying a gun.
So, let’s put these two laws together. The federal government sees all marijuana use as illegal. This means it views every single medical patient in Louisiana as an “unlawful user.” This is the main reason why, under federal law, patients cannot legally own guns.
Confronting the ATF Form 4473
This federal ban becomes a very real problem when you try to buy a gun from a licensed store. To do this legally, you must fill out a federal background check form. The form is called the ATF Form 4473.
On that form, there is a very direct question you must answer. It asks if you are an “unlawful user of…marijuana.” The form even has a warning in big, bold letters to make sure you see it. It says that using marijuana is illegal under federal law, even if a state like Louisiana says it is okay for medical reasons.
This puts you in a legal dead-end. If you answer “yes,” the store must deny the gun sale. But if you are a medical patient and you answer “no,” you are lying on a federal form. That is a serious crime called perjury, and it is a felony that can lead to prison time and big fines.
What Does Louisiana State Law Say?
Now, let’s look at the laws right here in Louisiana. This is where things get tricky because the state’s laws are mostly “silent” on this issue. This means there is no Louisiana law that says a patient has to give up their guns. But there is also no law that protects their right to own them.
This silence does not create a safe space or a loophole. When a state law doesn’t talk about an issue, it usually means that the federal law takes over. This means that police in Louisiana will likely follow the federal rule.
Let’s think about getting a concealed handgun permit in the state. Being a medical patient might not automatically disqualify you on the application form itself. However, the background check for that permit goes through the FBI’s system.
That system follows the federal rules, which say you are a prohibited person. This is a very important fact when asking if medical marijuana patients can own guns in Louisiana.
The Real-World Risks for Patients in the Pelican State
It is very important to understand that there is no legal gray area here. There is no secret loophole in Louisiana that lets you be a patient and a gun owner. Having a gun while you are a medical marijuana patient is against federal law.
Now, it is true that the federal government is probably not actively looking for patients who own guns. But the risk of getting caught is always there. If you ever have contact with the police for any other reason, like a traffic stop, they could find out. This could lead to very serious federal charges.
This means that every person has to make a choice. You can either be a medical cannabis patient, or you can be a legal gun owner. Right now, it is not legally possible to be both at the same time.
Making an Informed Decision and Navigating Your Options
When you are dealing with a serious legal issue like this, the smartest thing you can do is get expert advice. We strongly recommend that you talk to a lawyer in Louisiana. Make sure you find one who is an expert in both firearm laws and cannabis laws.
It is also important to make a clear choice so you can stay on the right side of the law. You have to decide which of these rights is more important to you at this moment.
Note: For people who decide that medical cannabis is the best choice for their health, starting the process is simple. You can often get approved for your medical card online in minutes with a private and professional service.
Common Questions: Hunting, Spouses, and Future Changes
Many people have other questions about this topic. For example, can you still go hunting? And what does this mean for your family members?
Let’s talk about hunting. The act of hunting itself is not banned. However, using a gun to hunt is illegal for a medical patient because of the federal firearm ban. You might be able to hunt with a bow, but you should ask a lawyer first to be safe.
What about your spouse or family? The federal ban is on the person who is the “user” of cannabis. This means if you are not a user, your right to own a gun is usually not affected, even if your spouse is a patient. But the guns must be kept locked up and away from the person who is the patient. For patients, learning about different cannabis strains is a great way to better understand your treatment.
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Conclusion: A Clear “No” Backed by Federal Law
So, let’s bring everything together. We’ve learned that even though Louisiana’s state law is quiet on the topic, it does not give you any protection. The federal ban on gun ownership for cannabis users is strict, clear, and powerful.
The final, clear-cut answer to “Can Medical Marijuana Patients Own Guns in Louisiana?” is no. The legal dangers and the direct fight with federal law make it illegal for you to do both at the same time.
This means that the people of Louisiana must make a choice. Until the federal laws change, you cannot legally be a gun owner and a medical cannabis patient. For those who choose to be patients, managing your certification is made easy through the online patient login.
Dr. Bryan Green
Author
