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Gun Rights for Medical Cannabis Patients in Illinois

Gun Rights for Medical Cannabis Patients in Illinois

In Illinois, marijuana is legal for both medical and recreational use. The Compassionate Use of Medical Cannabis Program (MCPP) became effective on August 12, 2019, to protect people with severe illnesses — as well as their doctors and other caregivers — from being prosecuted if they use cannabis for medical purposes. The registry is managed by the Illinois Department of Public Health (IDPH), which also issues registry cards to Illinois citizens who fit the requirements of the program after assessing and processing applications. While working to ensure that registered patients have timely access to cannabis, IDPH aims to protect patient privacy.

Legally registered patients can apply for an ID card allowing the use of cannabis for medical purposes after a doctor has approved their qualifying medical condition. Over 30 specific medical diseases are listed in the statute as ones that may be treated with cannabis legally, including autism, chronic pain, migraines, anorexia nervosa, Ehlers-Danlos syndrome, Neuro-Bechet’s autoimmune disease, and many more. Patients are also allowed to grow up to five plants at once in their home or on their land, according to the Illinois Cannabis Regulation and Tax Act, which went into effect on January 1, 2020.

Does Having a Medical Cannabis Card Mean Not Being Eligible for a Gun License in Illinois?

In Illinois, a Firearm Owner’s Identification Card (FOID) is required in order to own a firearm. You must apply to the Illinois State Police for a FOID and be approved after a comprehensive background check. 

According to the Illinois State Police (ISP), a person’s lawful use of adult cannabis will not be a factor in the revocation of their FOID cards or Concealed Carry Licenses. State-issued medical marijuana licenses cannot result in the deprivation of any privileges or rights. However, you are subject to limitations set forth by Federal law that prevent you from obtaining or owning firearms and firearms ammunition. These limitations are in accordance with the Gun Control Act of 1968.

In summary, it is unlawful for a federal firearms dealer to sell a gun to a bearer of a medical cannabis card, and the police might deny you when you apply for a FOID.  However, if you already have a gun and a FOID and then apply for a medicinal marijuana card, your FOID will not be revoked by the police.

Can You Take Your Gun to a Dispensary in Illinois?

It is forbidden to open carry a handgun on your person or in a moving vehicle. To carry a concealed firearm in Illinois, you need an Illinois Concealed Carry License (CCL). Candidates must be older than 21. The license allows the holder to carry a loaded or unloaded handgun while keeping the gun entirely hidden from public view.

According to Illinois law, anyone who owns a gun or ammunition must have a Firearm Owners Identification Card (FOID). Holders of FOID cards who lack a CCL are permitted to carry unloaded guns that are contained in cases. 

The gun can be brought into a dispensary as long as you have a CCL and the gun will not be visible to the public. In general, Illinois forbids the possession of a firearm within 1,000 feet of any school, courthouse, or facility used for public transit, as well as in or on the physical property of a public park, courthouse, or any vehicle owned, leased, or contracted by a public transportation agency.

Can You Consume CBD and Own a Gun in Illinois?

When it comes to marijuana and CBD laws, Illinois is quite progressive. You can consume CBD and own a gun at the same time.

Hemp-derived CBD with a maximum of 0.3% THC is legal according to the federal government. Anyone who is older than 21 may purchase hemp-derived CBD products, even if they don’t have a medical marijuana license. These products are easily purchased online and are  available over the counter in many local retailers. Additionally, Illinois has an expansive medical marijuana program that allows qualified patients to utilize marijuana-derived CBD (which may have higher THC levels) and there is no limit to the length of time you can possess CBD.

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TMCC Admin Team

TMCC Admin Team

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