Navigating the intersection of medical marijuana use and gun ownership in Florida involves understanding both state and federal laws. While Florida permits medical marijuana use and has specific firearm regulations, federal laws impose restrictions that can affect gun ownership for medical marijuana patients.
For those short on time, here are some of the most common questions we hear as Florida’s leading network of medical marijuana doctors (more detailed explanations are also provided further along in today’s article).
Note: The following information is intended for educational purposes only and does not constitute legal advice.
Medical Marijuana & Gun Laws: Quick Answers
Can I own a gun in Florida if I have a medical marijuana card?
Under Florida law, there is no prohibition against owning a firearm solely based on medical marijuana patient status. However, federal law classifies marijuana as a Schedule III controlled substance, and under 18 U.S.C. § 922(g)(3), it’s illegal for an “unlawful user” of such substances to possess firearms. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has clarified that this includes medical marijuana users, regardless of state laws. (Note: This guidance currently still holds, despite marijuana’s change from Schedule I to Schedule III, since it’s still a controlled substance.)
Yet, in another twist: A recent ruling by the 11th U.S. Circuit Court of Appeals appears to support the right of Florida patients to own both (essentially answering “yes” to the question, while the ATF answered “no”). Additional litigation is expected, but for the time being: The courts appear to support the right of patients to own a firearm if they have a Florida medical marijuana card (even though written regulations do not).
Can I purchase a firearm in Florida if I’m a medical marijuana patient?
When purchasing a firearm from a federally licensed dealer, you must complete ATF Form 4473, which asks if you are an unlawful user of marijuana. Answering “yes” will result in denial of the purchase; answering “no” while being a medical marijuana user can be considered a federal offense.
Note: In August 2025, medical card patients who sued over firearm denial were granted victory – suggesting this policy may change in the near future.
Can I get a concealed weapons license in Florida if I have a medical marijuana card?
As of 2023, Florida permits concealed carry of firearms without a concealed carry license (see details below).
What if I owned firearms before getting my medical marijuana card?
Owning firearms prior to obtaining a medical marijuana card does not exempt you from federal laws. Once you become a medical marijuana user, federal law considers you an unlawful user of a controlled substance, making firearm possession illegal under federal statutes – although, a recent ruling by the 11th U.S. Circuit Court of Appeals may call this policy into question.
Can I purchase a firearm after letting my medical marijuana card expire?
If your medical marijuana card has expired and you are no longer using marijuana, you may legally purchase a firearm under federal law. However, any misrepresentation on ATF Form 4473 regarding your marijuana use can lead to federal charges.
Are there legal alternatives for self-defense if I can’t own a firearm?
Yes, Florida law permits the possession of non-lethal self-defense tools such as pepper spray and stun guns (per Florida Statutes § 790.054 and § 790.01(3)(b)). These alternatives can provide a means of protection without violating federal firearm laws.
What are the risks of lying on ATF Form 4473 about marijuana use?
Providing false information on ATF Form 4473 is a federal offense, punishable by up to five years in prison (see: 18 U.S. Code § 924(a)(1)(A)).
Florida Medical Marijuana Card Requirements
In 2016, Florida voters approved Amendment 2, legalizing medical marijuana for individuals with qualifying conditions such as cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohn’s disease, Parkinson’s disease, multiple sclerosis, chronic nonmalignant pain, and other conditions of similar “like, kind, or class.”
To obtain a medical marijuana card in Florida, patients must:
- Maintain a permanent or temporary residence in Florida,
- Be diagnosed with a qualifying condition by a certified physician, and
- Apply for a Medical Marijuana Use Registry Identification Card through the Florida Department of Health.
Gun Ownership Rules in Florida
Florida allows for the possession and purchase of firearms. As of July 1, 2023 – thanks to House Bill 543 – Florida also permits concealed carry of firearms without a concealed carry license for individuals who are at least 21 years old, are not prohibited by law from possessing a firearm, and meet all the criteria that would otherwise make them eligible for a concealed weapons license (even though a license is no longer required).
Florida law does not prohibit individuals from owning firearms based solely on their status as medical marijuana patients (see: Florida Statutes, Chapter 790: Weapons and Firearms). Nowhere in Chapter 790 (Florida’s firearm laws) is medical marijuana patient status listed as a disqualifying factor for firearm possession or ownership under state law. Disqualifications under Florida law include felony convictions, domestic violence convictions, certain mental health adjudications, and others – but not lawful medical marijuana use under Florida’s Amendment 2 and associated statutes (see: Chapter 381.986).
However, federal laws pose a problem.
Federal Law: Firearms & Medical Marijuana Patients
Despite Florida’s allowances, federal laws present significant restrictions:
Controlled Substances Act: Marijuana is classified as a Schedule III controlled substance under federal law.
Gun Control Act of 1968: Under 18 U.S.C. § 922(g)(3), it’s illegal for any person who is an “unlawful user of or addicted to any controlled substance” to possess firearms or ammunition. This includes medical marijuana users, per federal interpretation. In a letter signed by Arthur Herbert, Assistant Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives in 2011, the ATF declared:
[A]ny person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medical purposes, is an unlawful user of a controlled substance and is prohibited by Federal law from possessing firearms or ammunition.
ATF Form 4473: When purchasing a firearm from a federally licensed dealer, individuals must complete ATF Form 4473, which asks if the buyer is an unlawful user of a controlled substance. The form asks:
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.
Answering “yes” results in denial of the purchase; answering “no” while being a medical marijuana user could be considered a federal offense, as the ATF has stated in a letter to Firearm Licensees:
Such persons should answer ‘yes’ to question 11.e. on ATF Form 4473 (August 2008) [now 21.f. (August 2023)], Firearms Transaction Record, and you may not transfer firearms or ammunition to them. Further, if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have ‘reasonable cause to believe’ that the person is an unlawful user of a controlled substance. As such, you may not transfer firearms or ammunition to the person, even if the person answered ‘no’ to question 11.e. on ATF Form 4473.
Even though President Trump signed an Executive Order, on December 18, 2025, reclassifying marijuana from Schedule I to Schedule III, as of publication medical marijuana products aren’t issued in accordance with federal controlled substance guidelines (i.e., FDA-approved medications sold via DEA-approved pharmacies, etc.) – which means medical marijuana patients still meet the federal definition of “unlawful users”.
Note: ATF Form 4473 has since been revised; the unlawful user question is now under 21.f. on ATF Form 4473 (effective August 2023).
In the June 2021 Federal Firearms Licensee (FFL) Newsletter, the ATF doubled down on their position. Additionally, in 2023, the ATF issued a press release concerning Minnesota’s new marijuana law, stating:
Until marijuana is legalized federally, firearms owners and possessors should be mindful that it remains federally illegal to mix marijuana with firearms and ammunition.
Court Cases: Can Medical Marijuana Patients Own Guns?
The conflict between state and federal laws creates a complex legal landscape. While Florida does not restrict firearm ownership for medical marijuana patients, federal law does, leading to potential legal risks for patients who own or purchase firearms.
Shortly before taking office in 2019, former Florida Agriculture Commissioner Nikki Fried famously stated:
I have both [a concealed weapons permit and medical marijuana card]. So I want to make that very clear, that I will not be taking anybody’s concealed weapons permit or not renewing them. I see no conflict between the two.
In a 2019 interview, Ms. Fried told CannaMD:
I think the biggest confusion that most people have is obviously I do not control the ATF form and I don’t control the federal laws on this. So the federal stuff is still a problem. You’ve got an issue when it comes to federal law, but when it comes to our state’s laws regarding the concealed weapons permit, there are no issues.
In April 2022 (Fried v. Garland), Fried, along with other plaintiffs, challenged the federal prohibition on firearm possession for medical marijuana patients. The lawsuit argued that the federal restrictions under 18 U.S.C. § 922(g)(3) infringe upon the Second Amendment rights of Floridians who are legally registered medical marijuana patients under state law.
In November 2022, U.S. District Judge Allen Winsor dismissed the case, stating:
In 2016, Florida stopped criminalizing the medical use of marijuana. Many people refer to this change as Florida’s ‘legalizing’ medical marijuana, but Florida did no such thing. It couldn’t. Under the Supremacy Clause of the Constitution, state laws cannot permit what federal law prohibits, and federal law still prohibits possession of marijuana – for medical purposes or otherwise.
This ruling emphasized that, despite state-level legalization, federal law continues to classify marijuana as an illegal substance, thereby justifying the prohibition on firearm possession for users.
The plaintiffs then appealed the decision to the 11th U.S. Circuit Court of Appeals.
On August 20, 2025, the 11th U.S. Circuit Court of Appeals issued a major decision siding with Florida medical marijuana patients in the long-running Fried v. Garland lawsuit.
The three-judge panel ruled that federal restrictions barring medical marijuana patients from buying and possessing firearms appear to violate the Second Amendment.
In its 26-page opinion, the court found that the federal government had:
“[F]ailed to meet its burden… to establish that disarming medical marijuana users is consistent with this nation’s history and tradition of firearm regulation.”
This is a major development from the 2022 dismissal by U.S. District Judge Allen Winsor, who had previously upheld the federal prohibition. The appeals court reversed Winsor’s decision and sent the case back for further consideration.
Key points from the ruling include:
- Medical patients ≠ “dangerous people:” The court held that Floridians legally using medical cannabis cannot fairly be labeled as dangerous simply because of their treatment of choice.
- Second Amendment protection: The decision emphasized that firearm rights cannot be stripped solely due to lawful state-certified medical marijuana use.
- Plaintiffs’ victory: Among the plaintiffs were patients Vera Cooper and Nicole Hansell, both denied firearm purchases after honestly disclosing their medical marijuana use on federal forms.
Nikki Fried, called it “a huge win for freedom,” stating:
“No medical cannabis patient should have to choose between their rights to their medicine or their right to bear arms.”
While the ruling is not the final word and further legal proceedings are expected, this decision represents one of the most significant legal victories for Florida’s medical marijuana community to date. It also signals a growing judicial recognition that medical cannabis patients should not automatically be grouped with individuals deemed unsafe to possess firearms.
(For the most up-to-date status of this case, please visit Public Access to Court Electronic Records (PACER), go to ‘Appellate Court’, select ‘U.S. Court of Appeals for the Eleventh Circuit’, and search by ‘Fried v. Garland’, case number: 4:22-cv-00164-AW-MAF, and/or appellate case number: 23-11528).
In 2024, the 5th U.S. Circuit Court of Appeals ruled in United States v. Connelly that prohibiting a marijuana user from owning firearms was unconstitutional, stating that there is no historical justification for disarming a sober citizen not under the influence. However, this ruling only applies within the jurisdiction of the 5th Circuit (which includes Texas, Louisiana, and Mississippi) and does not change Florida or federal law.
What Do Florida Leaders Say?
After assuming office in January 2023, Florida Agriculture Commissioner Wilton Simpson chose not to continue the federal lawsuit initiated by Fried, which challenged the prohibition on firearm possession for medical marijuana patients. This decision was reported in February 2023, indicating that while the lawsuit proceeded with other plaintiffs, Simpson’s office withdrew its involvement.
Although Simpson has not publicly elaborated on his reasons for withdrawing from the case, his action suggests a more cautious approach to challenging federal firearm regulations as they pertain to medical marijuana users.
Reminder: This article is for informational purposes only and does not constitute legal advice. Individuals should consult with legal professionals for specific guidance.
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