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.
We have contacted and consulted multiple investigators at the Bureau of Criminal Identification (BCI), law enforcement officers, and attorneys to put together the best and most current information for you.
Let’s get straight to the facts.
- If you currently have a medical cannabis card and submit an application to obtain a Utah concealed firearm permit (CFP), and BCI knows or finds out that you have a medical cannabis card, your application WILL be denied.
- If you currently have a Utah CFP and obtain a medical cannabis card, and BCI finds out, your permit WILL be revoked.
- If law enforcement finds you in possession of a firearm with a medical cannabis card, they cannot confiscate your Utah CFP but they can (not required) notify BCI. If this happens, your permit WILL be revoked.
- Even if you just have a medical cannabis card and do not, or have not, used medical cannabis. Simply having the card makes you a prohibited person under Federal law.
The Utah CFP application has a question that asks, “Have you ever been convicted of the unlawful use of narcotics or other controlled substance?”.
If you have not been “convicted” then you can answer “No”.
The application also has a statement for the applicant that says;
“ALL APPLICANTS: Please read and sign the statement below:
I understand that it is a class B misdemeanor to knowingly and willfully provide false information on a concealed firearm permit application and may result in the denial of a permit pursuant to Utah Code Ann. § 53-5-704(15). I hereby declare under criminal penalty of the State of Utah that the information contained on this application is true and correct.”
Once again, you are NOT violating Utah law by answering “No” if you have never been “convicted” which means found guilty of a crime in court.
This still DOES NOT mean that you are eligible to obtain a permit if you have a medical cannabis card.
In Utah, an unlawful user of a controlled substance or possession is a one-year disqualifier even if the case is dismissed or found not guilty. This also means if BCI denies a CFP application or a current CFP is revoked because you have a medical cannabis card, per federal law, you WILL NOT be able to obtain a CFP for at least one year.
What about Utah’s new Constitutional “permitless” Carry law?
Nothing changes under this new law. Just because you can carry a concealed firearm in Utah without a concealed firearm permit if you are at least 21 years old (AFTER May 5th, 2021) does not mean you are exempt from Federal law.
Read more about Constitutional Carry here.
Regardless Of What Laws Utah Makes, As Long As Marijuana, In Any Form, Is Illegal Under Federal Law, You Can And WILL Be Prosecuted Under Federal Law.
Purchasing A Firearm From a Federal Firearms License (FFL) Dealer
On the Firearms Transaction Record (ATF Form 4473) which you must fill out to purchase a firearm, question 21e 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.
- 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.
As described in the laws below law enforcement are somewhat restricted from enforcing certain laws if you have a firearm and a medical cannabis card.
(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 26, Chapter 61a, Utah Medical Cannabis Act, 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 26-61a-102, 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 26-61a-102, the state central patient portal, as that term is defined in Section 26-61a-102, 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.
76-10-528. Carrying a dangerous weapon while under influence of alcohol or drugs unlawful.
(1) It is a class B misdemeanor for an actor to carry a dangerous weapon while under the influence of:
(a) alcohol as determined by the person's blood or breath alcohol concentration in accordance with Subsections 41-6a-502(1)(a) through (c); or
(b) a controlled substance as defined in Section 58-37-2.
(2) This section does not apply to:
(a) an actor carrying a dangerous weapon that is either securely encased, as defined in this part, or not within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person;
(b) an actor who uses or threatens to use force in compliance with Section 76-2-402;
(c) an actor carrying a dangerous weapon in the actor's residence or the residence of another with the consent of the individual who is lawfully in possession;
(d) an actor under the influence of cannabis or a cannabis product, as those terms are defined in Section 26B-4-201, if the actor's use of the cannabis or cannabis product complies with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or
(e) an actor who:
(i) has a valid prescription for a controlled substance;
(ii) takes the controlled substance described in Subsection (2)(e)(i) as prescribed; and
(iii) after taking the controlled substance, the actor:
(A) is not a danger to the actor or another individual; or
(B) is capable of safely handling a dangerous weapon.
(3) It is not a defense to prosecution under this section that the actor:
(a) is licensed in the pursuit of wildlife of any kind; or
(b) has a valid permit to carry a concealed firearm.
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))
Punishable by up to 10 years imprisonment