Michigan Gun Rights for Medical Cannabis Patients
Table of Contents
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 a resident of Michigan.
Medical cannabis cards are valid in Michigan for three years.
Does Having a Medical Cannabis Card Mean Not Being Eligible for a Gun License in Michigan?
There’s a lot of confusion about whether or not Michigan medical marijuana card holders can legally carry, buy, or own a gun.
Marijuana use and possession are still illegal at the federal level. Possession of a weapon is illegal under federal law for anybody who is an “unlawful user or addicted to a prohibited drug.”
Unfortunately, using marijuana for medical or recreational purposes isn’t a defense. It makes no difference whether the state has made marijuana lawful or decriminalized.
According to the Michigan Cannabis Regulatory Agency, there are no restrictions in the Medical Marihuana Facilities Licensing Act (MMFLA) that prevent a concealed pistol license (CPL) holder from obtaining a medical marijuana state operating license.
Michigan Gun Rights on Cannabis
Michigan law prohibits the possession of a handgun by someone under the influence of marijuana.
No one will be asked if they have a medical marijuana card when applying for a concealed carry permit in Michigan, and neither the county clerk nor law enforcement have access to a list of people who have registered with the state’s Department of Licensing and Regulatory Affairs (LARA) as medical marijuana patients.
At the end of the day, a medical marijuana patient in Michigan is in violation of federal law if they have a handgun in their possession, regardless of whether or not the firearm is concealed.
Yet within the state, it is perfectly lawful and acceptable under the correct conditions, and that is as long as the handgun is not in the possession of an intoxicated marijuana user.
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 and 21 and older to purchase firearms from a Federally licensed (FFL) dealer.
According to Michigan’s concealed carry law, anyone over 21 may apply for a Concealed Pistol License (CPL) if they have not been convicted of 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 you can conceal or open carry if you have a CPL.
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.
After the Farm Bill was passed, industrial hemp with a THC content of 0.3% became legal in 2018, allowing Michigan residents access to CBD products made from hemp.
Since hemp and marijuana-derived CBD are permitted in Michigan, gun owners who wish to consume CBD will have no issues.
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