Can Medical Marijuana Patients Own Guns in New York

by Dr. Bryan Green | Last updated Oct 29, 2025

This is a question about two of New York’s most confusing topics: cannabis and guns. If you are a medical marijuana patient in New York, you might also want to own a gun. But this creates a very big legal problem.

The problem is a major fight between New York’s state rules and the federal government’s very strict laws. The two sets of laws do not agree at all. This leaves many good people caught in the middle of a legal maze.

New York is already known for having some of the toughest gun laws in the whole country. When you add medical cannabis to the mix, it makes things even harder for patients. For anyone asking the very important question, “Can Medical Marijuana Patients Own Guns in New York?”, the answer comes from understanding how these laws fight each other.

This guide will help explain New York’s gun laws, the power of federal law, and the big risks you need to know about.

Strict Gun Laws Meet Medical Cannabis

New York’s way of handling gun ownership is famous for being very restrictive. This means it is not easy to get a gun legally in the state. If you are a medical cannabis patient, it gets even more complicated and often becomes impossible.

The state has a long and difficult process for anyone who wants to buy a gun. Being a patient adds another roadblock that is very hard to get around.

The New York SAFE Act and Pistol Permits

To legally own a handgun in New York, you need to get a special permit. This is often called a pistol permit. You don’t get this from the state, but from the county where you live. The process to get this permit is very long and detailed.

You have to fill out a lot of paperwork and go through deep background checks. A law called the New York SAFE Act made these rules even stricter. It added more steps to an already tough system.

A big part of getting a permit is proving you have “good moral character.” A local official, like a judge or a police leader, gets to decide if you have it. These officials have a lot of power to say yes or no.

They are required by law to deny a permit to anyone who is an “unlawful user” of a controlled substance. Since the federal government says marijuana is a controlled substance, they will use this rule to deny patients.

Patient Privacy vs. Licensing Officer Discretion

You might think your medical information is private. And it is. The list of New York’s medical cannabis patients is kept secret. But the questions on the pistol permit application are very direct.

The application will ask you about your use of controlled substances. It might also ask about any history of drug use. If you lie on the application, you are committing a crime.

And if the licensing official finds out you are a medical cannabis patient, they will almost definitely deny your permit. They will do this because they are following the federal government’s rules.

The Unmovable Federal Law: A Clear and Total Ban

It does not matter what New York’s medical marijuana laws say. Federal law is the top boss for the entire country. And the U.S. government’s opinion on this is simple and total: if you use marijuana, you are banned from owning a gun.

This federal rule is powerful, and there are no exceptions for medical patients. It is a hard line that affects everyone.

The Gun Control Act of 1968: The Core of the Conflict

The whole reason for this legal mess is a law called the Federal Gun Control Act of 1968. This law makes it a very serious crime, known as a felony, for an “unlawful user of… any controlled substance” to buy or own a gun.

The federal government puts marijuana in the same group as very dangerous drugs like heroin. Because of this, it says that every single person who uses marijuana is an “unlawful user.”

This rule applies to all medical marijuana patients. It doesn’t matter if you are using cannabis legally with a doctor’s permission in New York. In the eyes of the federal government, there is no such thing as a legal marijuana user.

The ATF Form 4473: A Legal Trap

When you go to a gun store to buy a gun, you have to fill out a special form. This is the ATF Form 4473. It is the official federal background check paper.

On this form, there is a question that asks if you are an unlawful user of marijuana. This question creates a trap that is impossible to escape for a patient.

If you answer “yes,” the store must legally stop the sale right away. If you answer “no,” you are lying to the federal government. This is a crime called perjury, and it can land you in prison for years and cost you huge amounts of money in fines.

Can Medical Marijuana Patients Own Guns in New York?

Now we have talked about the state and federal laws. So let’s get real about what this means for you. Answering the question, “Can Medical Marijuana Patients Own Guns in New York?”, means you have to accept the very tough reality of these rules.

Purchasing a Firearm Is Not a Legal Option

For any medical marijuana patient living in New York, buying a gun legally is not possible. The county will say no when you apply for a pistol permit. The federal government will say no when you fill out the background check form.

The whole system, from the bottom to the top, is set up to block you. It is not a gray area; it is a definite dead end.

Possessing Guns You Already Own Is a Major Risk

So what if you owned guns before you got your medical card? You are not trying to buy a new one. But just keeping those guns in your house makes you a felon under federal law.

If a police officer ever finds out you are a patient and you have guns, you could face federal criminal charges. The laws in New York will not protect you from this. There is no “safe space” in the state to hide from federal law.

Note: Thinking about these tough laws can be a lot to handle, but your health should always come first. Getting the medical help you need should be easy. Thankfully, the process has become very simple, and you can even get approved for your medical card online in minutes.

How to Stay Safe and Compliant in New York

Because the laws are so clear and so strict, patients in New York have to be very, very careful. If you want to follow the law, your choices for owning a gun are zero.

Consult with a Knowledgeable Attorney

This article is here to give you information, but it is not legal advice from a lawyer. It is very important that you talk to a lawyer in New York who is an expert in the state’s very confusing gun laws.

A good lawyer can explain all the serious dangers you face. They can give you advice based on your own life and situation.

Stay Informed About Changes in Law

Laws about cannabis are changing in many states. But the federal law has stayed the same for a very long time. You should always try to stay updated on any news about these laws.

Being a good patient also means understanding your medicine. You should talk to your doctor about your treatment options. This can include discussing different cannabis strains to make sure you are Note: HealifyNowMMJCards is focused on making access to care easy and fast. You can get your medical card approved quickly and enjoy a smooth, hassle-free application process to get the relief you need. Begin your application now!

HealifyNowMMJCards Note: HealifyNowMMJCards is focused on making access to care easy and fast. You can get your medical card approved quickly and enjoy a smooth, hassle-free application process to get the relief you need. Begin your application now!

Frequently Asked Questions (FAQ)

If my medical card expires, can I then get a pistol permit in NY?

Yes. If you let your medical card expire and you stop using cannabis, the law sees you differently. You are no longer an “unlawful user.” After that, you could legally apply for a New York pistol permit. But you would still have to pass the state’s other very strict requirements.

Does using legal CBD products affect my gun rights?

No. CBD products that are made from hemp and have very little THC are legal according to the federal government. Using these legal CBD products does not make you an “unlawful user.” It will not affect your ability to get a gun permit in New York.

Can my spouse own guns if I am a patient?

Yes. Your choice to be a medical cannabis patient does not take away your spouse’s right to own a gun. But the guns must belong only to them. They also must be stored very safely, like in a locked safe that you do not know the code to. This is to make sure no one can say you have access to the guns.

Conclusion: A Clear “No” in the Empire State

When all is said and done, the answer to “Can Medical Marijuana Patients Own Guns in New York?” is a clear and final “no.” There is no confusion or gray area on this point in New York.

The combination of New York’s super strict gun permit laws and the total ban from the federal government makes it illegal. You cannot be a patient and a gun owner at the same time.

The legal risks are not just possible; they are a certainty. Patients in New York are forced to choose one or the other. You can have your medicine, or you can have your firearms, but you cannot have both.

For patients who need to manage their medical card, using a secure patient login can make keeping your certification simple and private. In New York’s tough legal world, the only safe and legal choice is to keep medical cannabis and guns completely separate.