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Caregiver with guns

Asked by: 348 views Medical Marijuana

Was reading your article about patients and guns so my question is does this apply to caregivers as well? Im not a patient or user but am caregiver for some patients. Technically am I ok to possess my handguns. Not that I plan to turn them in, thank you for any info

2 Answers



  1. Adam on Jan 19, 2012 Reply

    I would say no per the lawyers point in the paper but Guns are allowed and regulated under State law as is marijuana and I plan on keeping both my guns and medicine.

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  2. Bethany Gemellaro on Jan 22, 2012 Reply

    Marijuana users cannot possess firearms under federal law. Possession and distribution of marijuana is also illegal under federal law. Thus, caregivers would are also in violation of federal law. Under the US Constitution Article IV, federal law supersedes state law. So even with a medical marijuana patient or caregiver card, a person is in violation of federal law and shall not also possess a firearm.

    There is a practical side to all of this. Are the feds going to raid your house? This is very unlikely. You are more likely to encounter state or local police. And, state prosecutors cannot charge you with a violation of federal law.

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