Patients are often confused by opposite opinions and misinformation as to whether having a Medical Mearijuana card in Florida disqualifies one from obtaining or keeping his or her Concealed Weapon and Firearm License. Concealed Weapon Licenses are obtained from The Florida Office of Agriculture and Consumer Services under the authority of Commissioner Nicole “Nikki” Fried.
On the website of the Office of Agriculture and Consumer Services is a “Concealed Weapon or Firearm License Preliminary Eligibility Determination” form which is submitted to the State to assist in determining eligibility. None of the 30 questions refer to the possession of a Florida Medical Marijuana card. After submitting the 30 answers, none of which, again, relate to a Florida Medical Marijuana card, you receive instant notification regarding your eligibility. Commissioner Fried, who is both a gun owner and a concealed weapon license holder, and who is an attorney, contends that you can be both a Medical Marijuana card holder and a concealed weapon license holder. The Commissioner has publicly stated that if you are a Medical Marijuana card holder you can apply for and receive a Concealed Weapon and Firearm License (CWFL). Additionally she has said that those who already possess a CWFL should not lose their CWFL.
So why all the confusion? The waters are muddied by Federal law and in particular the Federal classification of marijuana as a Class1 controlled substance, meaning that according to federal law it is not only of no medicinal value and is harmful. What that means is that under Federal law marijuana is illegal. This classification may be an obstacle when purchasing a firearm. A Federal form does require such disclosure when purchasing a forearm. However there is no such disclosure when3r,jh.jhjhn obtaining or maintaining a CWFL. As much as marijuana opponents and self described gun law expert attorneys protest and all arguments to the contrary aside, the bottomline is that the Commissioner who is in charge of issuing the Concealed Weapon and Firearm Licenses in Florida states that there is no problem there.
Disclaimer: This is the opinion solely of the author and does not represent legal advice.
David G. Balter MD
Medical Marijuana Doctor
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