Gun Rights for Medical Cannabis Patients in Michigan
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On November 4, 2008, Michigan Proposal 1 or the Marijuana Legalization Initiative, was approved, allowing certain people with a specific medical problem to use cannabis for medical purposes with their doctor’s approval. The law made it legal to possess up to 2 1/2 ounces (71 g) of cannabis. It did not specifically permit the operation of dispensaries, but it did permit patients or their caregivers to grow up to 12 cannabis plants. Law enforcement agencies and drug czar John P. Walters opposed the legislation, but it was ultimately adopted by a vote of 63 to 37, becoming Michigan the first Midwestern state and the 13th state to allow medical use.
The Cannabis Regulatory Agency has a state registry program called the Michigan Medical Marijuana Program (MMMP). To apply for a medical marijuana card, you can either present a paper application or submit a full online application with the Marijuana Regulatory Agency (MRA). You will, however, require a doctor’s signature for approval. Additionally, medicinal marijuana card applicants must be at least 18 years old and must be a resident of Michigan. Medical cannabis cards are valid in Michigan for 3 years.
Does Having a Medical Cannabis Card Mean Not Being Eligible for a Gun License in Michigan?
No, you cannot possess a Michigan Concealed Pistol License (CPL) and consume marijuana for either medical or recreational purposes due to discrepancy between state and federal law on this point.
The issue arises because the 1986 Gun Control Act forbids anyone who uses illegal drugs from possessing or carrying a gun. The possession of a firearm by someone who uses or is addicted to a restricted substance is currently prohibited by federal law. Keep in mind that marijuana is still classified as a Schedule 1 illegal narcotic under both state and federal drug laws, making it an illegal, controlled substance. This is true even though marijuana use for both medical and recreational purposes, as well as for personal possession, is now legal in Michigan.
As a result, Michigan residents who use marijuana for medical or recreational purposes must decide whether to use it and risk losing their CPL or to refrain from using it and be able to keep their CPL.
Can You Take Your Gun to a Dispensary in Michigan?
Michigan allows adults 18 and older to purchase handguns from a private seller with a purchase license, as well as 21 and older to purchase firearms from a Federally licensed (FFL) dealer. According to Michigan’s concealed carry law, anyone over the age of 21 may apply for a Concealed Pistol License (CPL) provided they have not been convicted of any felonies or specific misdemeanors within the last three or eight years and have completed state-approved firearms training. No permit is required to open carry, but in order to carry in a car, you need a license.
So it’s safe to assume that if you have a CPL, you are allowed to conceal or open carry.
At the same time, having a CPL from Michigan still prohibits you from carrying concealed weapons in the following places:
- Schools or school property, A dormitory or classroom of a community college, college, or university
- Sports arena or stadium
- A bar
- Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship
- An entertainment facility that the individual knows or should know has a seating capacity of 2,500
- A hospital
- A casino
Can You Consume CBD and Own a Gun in Michigan?
In 2008, Michigan approved medicinal marijuana, legalizing the use of CBD products generated from marijuana with high THC concentrations. Industrial hemp with a THC content of 0.3% became legal in 2018 after the Farm Bill was passed, allowing Michigan residents access to CBD products made from hemp.
Since both hemp and marijuana-derived CBD are permitted in the state of Michigan, gun owners who wish to consume CBD will have no issues.
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