Many people in Virginia who use medical cannabis to help with their health are asking a big question. Can you be a patient and also own a gun at the same time? The answer is not very simple.

This is because there is a major fight between the laws in Virginia and the very strict rules of the United States federal government. This fight creates a confusing and risky legal problem for good people who are just trying to follow the rules.

Virginia has a good medical cannabis program that helps many people. But the state law and the federal law are fighting each other when it comes to guns.

For anyone asking the very important question, “Can Medical Marijuana Patients Own Guns in Virginia?”, the first step is to understand this conflict. This guide will help explain Virginia’s laws, the powerful federal government rules, and the serious risks you need to know about.

Virginia’s Stance: A Complex and Evolving Picture

The laws in Virginia do not say directly that a medical cannabis patient cannot own a gun. But the state’s gun laws have certain words that make it a gray area. Also, the state police agree with the federal government’s ban, especially when it comes to getting a permit to carry a hidden gun.

The Virginia State Police Position on Concealed Handgun Permits

The Virginia State Police have made their opinion very clear. On their website, they have a page for frequently asked questions about gun permits. They talk directly about using marijuana on that page.

They say that any person who uses marijuana is an “unlawful user” according to federal law. It does not matter if it is for medical reasons. Because of this, that person is not allowed to buy or have a gun. This means that if you are a medical cannabis patient, the state will deny your application for a permit to carry a hidden gun.

What About Simple Possession Without a Permit?

The police are clear about carrying a hidden gun. But the law is not as clear about just owning a gun that you already have. Or about buying one from a private person instead of a store.

But there is still a risk. Virginia’s own state law says people who are “an unlawful user… of marijuana” cannot have a gun. A lawyer could argue that having a medical card makes you a regular user. This would put you at risk of breaking the state law, too.

The Federal Government’s Absolute Ban

It doesn’t matter what Virginia’s laws say. The federal law is the top boss for the whole country. The U.S. government’s rule is simple, strict, and has not changed. If you use marijuana, you are not allowed to buy or own a firearm.

The Gun Control Act and the “Unlawful User” Status

This whole legal problem comes from a federal law called the Gun Control Act of 1968. This law makes it a very serious crime, called a felony, for an “unlawful user of… any controlled substance” to own or buy a gun.

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

This rule is for all medical marijuana patients in Virginia. It doesn’t matter if you are following every single state law. In the eyes of the federal government, there is no such thing as a legal medical marijuana user. They do not make any exceptions.

The ATF Form 4473

When you go to a licensed gun store in Virginia to buy a gun, you have to fill out a federal background check form. This form is called the ATF Form 4473. This form creates a situation with no good choices for patients.

There is a question on the form that asks if you are an unlawful user of marijuana. It even has a warning in big bold letters that says marijuana is still illegal under federal law.

If you answer “yes” to this question, the store has to deny the sale right away. If you answer “no,” you are lying on a federal paper. This is a felony crime called perjury. It can lead to very serious punishments, like ten years in prison and huge fines. This one form is the biggest wall stopping a patient from legally buying a new gun from a store.

Can Medical Marijuana Patients Own Guns in Virginia?

Now that we have looked at the state and federal laws, let’s talk about what this really means for you. Answering “Can Medical Marijuana Patients Own Guns in Virginia?” means you have to face the hard truth that the answer is “no” if you want to follow all the laws.

Purchasing a New Firearm Is Not an Option

For a medical marijuana patient in Virginia, trying to legally buy a new gun from a store is impossible. The state will say no to a concealed carry permit. And the federal government will force you to either be denied or commit a crime when you fill out Form 4473.

The system is set up to stop you at both the state and federal levels.

The Severe Risk of Possessing Existing Firearms

So what if you already had guns before you got your medical card? You are not trying to buy a new one. But just keeping those guns in your house is still against federal law and maybe even state law.

If a police officer ever finds out that you are a patient and that you have guns, you could get into very serious trouble. You could face felony charges.

Note: Trying to figure out these confusing laws is stressful, but getting the medical help you need should be the easy part. The first step is always to get your legal access to treatment. 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 Virginia

Since both the state and federal governments are against patients owning guns, the only safe choice is to not mix the two. You have to choose one or the other to stay on the right side of the law.

Understand the Legal Precedent

It is good to know that people are fighting these laws in court. A big court that makes decisions for Virginia recently looked at this issue. The court said that the federal ban is okay.

The court said the government has a good reason to want to keep guns away from people who might be impaired. This court ruling makes the ban even stronger in Virginia.

Seek Professional Legal Advice

This article is here to give you information, not legal advice. It is very important that you talk to a good lawyer in Virginia who is an expert in gun laws. They can give you advice for your own situation and help you understand the big legal risks you are facing.

Know Your Treatment Options

Being a responsible patient also means you should understand your medical care. You can talk with your doctor about your options. This includes talking about different cannabis strains and how they might help you. This will make sure you get the best treatment for your health.

HealifyNowMMJCards Note: HealifyNowMMJCards is dedicated to providing swift and easy access to care. You can get your medical card approved quickly and enjoy a hassle-free application process designed to provide the relief you need. Begin your application now!

Frequently Asked Questions (FAQ)

Does having a medical cannabis certification in Virginia show up on a background check?

No, the list of patients is private. But the questions on the state’s gun permit application and the federal Form 4473 mean that you have to tell the truth about your cannabis use. The legal duty is on you.

What if I stop using medical marijuana?

If you are no longer a registered patient and you have stopped using cannabis, then the law sees you differently. You are not an “unlawful user” anymore. At that point, you could legally buy and have guns in Virginia, as long as you met all the other rules.

Can my spouse own guns if I am a patient?

Yes. Your status as a patient does not take away the gun rights of your spouse or other people in your house. But the guns must belong only to them. They must also be locked up safely where you cannot get to them. For example, they could be in a safe that you do not know the combination to.

Conclusion: A Clear Prohibition in the Old Dominion

At the end of the day, the answer to “Can Medical Marijuana Patients Own Guns in Virginia?” is a very clear and definite “no.” This is true under both current state and federal law.

The official opinion of the Virginia State Police and the total ban from the federal government make it illegal to buy or even just have a firearm if you are a registered medical cannabis patient. The legal risks are not a gray area; they are a sure thing.

Patients have to make a very hard choice between their medical treatment and their right to own a gun. For patients who need to manage their medical card, using a secure patient login can make keeping your certification simple and private.

In Virginia’s current legal world, the only lawful and safe path is to not mix medical marijuana and firearms.

Dr. Bryan Green

Dr. Bryan Green is a board-certified neurologist and author specializing in neurological disorders. With a medical degree and extensive clinical experience, he writes about the intersection of neuroscience and therapeutic interventions, including the use of medical cannabis for conditions like epilepsy, multiple sclerosis, and Parkinson’s disease. His work aims to educate patients and professionals on evidence-based treatments for seizures, spasticity, and neuropathic pain. Dr. Green’s publications blend medical expertise with accessible insights, drawing from his practice in states where cannabis is a legal treatment option.