The Relationship Between Medical Marijuana & Concealed Weapon Licenses in Florida
When working with medical cannabis patients, one of the most common questions is:
“Can I still purchase a gun or keep my concealed weapon license (CWL) if I have a medical marijuana card?”
There’s a lot of confusion surrounding this issue—but here’s the truth:
MMUR Cardholders Can Keep Their Concealed Weapon License
Having a Florida Medical Marijuana Use Registry (MMUR) card does not cancel or invalidate your CWL. If you already hold a concealed weapon license, you are still legally allowed to maintain and renew it, even after obtaining your medical marijuana card.
However, possessing an MMUR card does prevent you from purchasing a new firearm under federal law. Let’s break it down.
Florida Law vs. Federal Law
In March 2019, Governor Ron DeSantis signed Senate Bill SB 182, which allows the purchase of marijuana for medical use. To qualify, patients must:
Be certified by an authorized medical marijuana physician for a chronic health condition.
Submit an application to the Florida Department of Health.
Upon approval, receive an email authorizing them to purchase from state-licensed dispensaries.
Florida is a shall-issue state when it comes to concealed weapon licenses. This means:
CWL issuance is managed by the Florida Department of Agriculture and Consumer Services (FDACS).
FDACS does not regulate firearm purchases—that’s handled by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Notably, former Commissioner Nikki Fried held both an MMUR card and a CWL. As an attorney, she argued there’s no legal conflict, comparing cannabis use to any other prescribed medication.
The Concealed Weapon License Application: Questions 14A & 14B
Two questions on the CWL application often cause confusion:
14A: Asks about criminal convictions. Having an MMUR card does not count as a conviction, so you may answer “No”.
14B: Asks about chronic drug or alcohol abuse. If you use cannabis under medical supervision, you are not considered an abuser, so again, “No” is a valid answer.
✅ Bottom Line: Holding a valid MMUR card does not disqualify you from having a CWL in Florida.
Gun Purchases Are a Different Matter
Purchasing a firearm is a federal process governed by the ATF, which requires a Firearms Transaction Record (Form 4473) for any gun sale or transfer.
On this form is a very clear question asking if the buyer is an unlawful user of marijuana, even if it is legal under state law.
⚠️ Warning on Form 4473:
“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.”
If you answer truthfully and disclose your MMUR card, you cannot legally purchase a firearm or ammunition. There is no state protection in this process—federal law overrides.
Summary
Topic | MMUR Cardholders | Legal Status |
---|---|---|
Concealed Weapon License (CWL) | ✅ Allowed to maintain and renew | Governed by Florida state law |
Firearm Purchase | ❌ Not permitted | Governed by federal law (ATF) |
🔐 Important Note:
This is a developing legal area. If you are unsure how the laws apply to your situation, consult an attorney familiar with Florida firearm and cannabis law.