Firearms & Medical Cannabis Cards
If You Have A Medical Cannabis Card You Are A Federal Prohibited Person.
It Is ILLEGAL To Ship, Transport, Receive, Or Possess A Firearm Or Ammunition.
You must keep in mind that you may be on or traveling through federal land, such as national forests or national parks, where federal laws apply, including when you travel to other states.
Purchasing A Firearm From a Federal Firearms License (FFL) Dealer
On the Firearms Transaction Record (ATF Form 4473), which you must fill out to buy a firearm, question 21 f. asks, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
You may think, “Hey, I can answer ‘no,’ because medical marijuana (cannabis) is now legal in Utah.” However, immediately following the question is the following statement;
“Warning: The use or possession of marijuana remains unlawful under Federal law, regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”
- It is ILLEGAL to purchase a firearm from a Federal Firearms License (FFL) dealer if you have a medical cannabis card.
- Federal law also states that an individual is prohibited from owning, purchasing, or possessing a firearm for 1 year after they stop using marijuana. Even if you never used it, just having been issued the medical cannabis card makes you a prohibited person.
- If you lie on the 4473, it is a Federal felony, punishable by up to 10 years imprisonment and/or up to a $250,000 fine.
Transfers Of Firearms By Private Sellers
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE/ATF) states, “An unlicensed individual may transfer a firearm to another unlicensed individual residing in the same State, provided that he or she has no reason to believe the buyer is prohibited by law from possessing firearms. For a list of categories prohibiting a person from possessing a firearm, please refer to 18 U.S.C. 922(g) and (n).”
This means if you know, or have reasonable cause to know, that an individual attempting to purchase a firearm from you, through a private party transaction, is a prohibited person and you sell them the firearm, both YOU AND THE BUYER are committing a Federal felony.
Laws
Utah
(1) A law enforcement officer, as that term is defined in Section 53-13-103, except for an officially designated drug enforcement task force regarding conduct that is not in accordance with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, may not expend any state or local resources, including the officer's time, to:
(a) effect any arrest or seizure of cannabis, as that term is defined in Section 26B-4-201, or conduct any investigation, on the sole basis of activity the officer believes to constitute a violation of federal law if the officer has reason to believe that the activity is in compliance with the state medical cannabis laws;
(b) enforce a law that restricts an individual's right to acquire, own, or possess a firearm based solely on the individual's possession or use of cannabis in accordance with state medical cannabis laws; or
(c) provide any information or logistical support related to an activity described in Subsection (1)(a) to any federal law enforcement authority or prosecuting entity.
(2) An agency or political subdivision of the state may not take an adverse action against a person for providing a professional service to a medical cannabis pharmacy, as that term is defined in Section 26B-4-201, the state central patient portal, as that term is defined in Section 26B-4-201, or a cannabis production establishment, as that term is defined in Section 4-41a-102, on the sole basis that the service is a violation of federal law.
Federal
18 USC § 922
(g) It shall be unlawful for any person—
….
(3) 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))
….
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
18 USC § 924 Penalties
(a)
(3) Any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly—
(A) makes any false statement or representation with respect to the information required by the provisions of this chapter to be kept in the records of a person licensed under this chapter, or
….
shall be fined under this title, imprisoned not more than one year, or both.
(8) Whoever knowingly violates subsection (d) or (g) of section 922 shall be fined under this title, imprisoned for not more than 15 years, or both.
(c)(1)
(B) If the firearm possessed by a person convicted of a violation of this subsection-
(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or
(ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years.
(C) In the case of a violation of this subsection that occurs after a prior conviction under this subsection has become final, the person shall-
(i) be sentenced to a term of imprisonment of not less than 25 years; and
(ii) if the firearm involved is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be sentenced to imprisonment for life.
(D) Notwithstanding any other provision of law-
(i) a court shall not place on probation any person convicted of a violation of this subsection; and
(ii) no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person, including any term of imprisonment imposed for the crime of violence or drug trafficking crime during which the firearm was used, carried, or possessed.