FLORIDA FIREARMS – Law, Use & Ownership

MEDICAL MARIJUANA CARDS IN FLORIDA & FIREARM PURCHASES 2022
Copyright Jon H. Gutmacher, Esq. 2022   (revised article)

If you are an FFL (dealer in firearms)  the question often comes up on whether you can sell to an individual who has a Florida Medical Marijuana Card. The answer is a bit unique because the card in Florida allows for both the purchase of THC “marijuana”, and also for CBD hemp.  Use of CBD with the low THC concentration (0.3 or less) is not a federal crime or prohibited, as CBD is not considered “marijuana” by definition. However – if an individual reveals to you that they have a current Florida medical marijuana card – ATF says that puts you on “reasonable notice” that they are an unlawful user, and you cannot legally transfer a firearm or ammunition to them. {FFL Newsletter, June 2021} The fact they may claim they only use CBD does not give you an option as far as ATF is concerned – even though from a legal standpoint, the Florida card is only some evidence that illegal use “might” be happening.

So, the next question becomes – Do you have an obligation to ask if the individual has such a card? The answer is a firm “No” – unless there is some reasonable basis to believe marijuana use. {ie: marijuana smell; a shirt that says “I love marijuana”; the person mentions they use; etc.}

And, of course, a person with a Florida medical marijuana card can currently obtain a Florida Concealed Weapons License – thus, skipping the waiting period they might otherwise run into for purchase of a firearm in Florida. Of course, if they’ve lied about marijuana use – that’s their problem, and a possible federal crime. Just another Florida quirk.

Last, and something for Florida citizens who have the card, or had the card (since you can surrender it using the form provided by the State of Florida) —  if you are not a current user of medical marijuana there is no legal reason why you cannot pass a NICS check for purchase of a firearm.  The fact that you have or had a Florida medical marijuana card is not currently shared on NICS, nor even for the Florida CWL application, nor do I think it ever will be, as it is considered confidential thru HIPPA regulations.  But again,  revealing you have the card to a firearms dealer will require them to deny any sale.  Likewise,  lying you are not a user on the NICS Form 4473 is a felony if you still use marijuana — even occasionally.  But,  if you’ve really stopped — it should not be an issue.

Hope that helps clear it up.

[this article is not legal advice but is the opinion of the author]