This Act put into law that people in Michigan who use Marijuana within the bounds of that law are protected from prosecution in Michigan courts. However, the same does not hold true for the Federal courts. Marijuana use, even for medical purposes, is still completely illegal in the eyes of Federal Law.
This creates a problem for those who wish to purchase and possess firearms or get a Michigan Concealed Pistol license.
The federal statute prohibits certain classes of individuals from shipping, transporting, receiving or possessing firearms or ammunition. One of those classes includes people who are unlawful users of, or addicted to, any controlled substance and marijuana falls into that category.
According to the Bureau of Alcohol, Tobacco and Firearms (BATF), “Any person who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana for medicinal purposes is an unlawful user of or addicted to a controlled substance and is prohibited by Federal law from possessing firearms or ammunition”.
Therefore, those individuals who possess a Medical Marijuana Card, as a user, in Michigan as a user may not legally purchase or own a handgun or ammunition.
Anyone buying from or transferring a firearm through an FFL will have to fill out a ATF Form 4473 in order to complete the sale/transfer.
Question 11.e on the 4473 form asks if the person filling out the background check is “An unlawful user of, or addicted to, marijuana” among other controlled substances. It has a new warning that points out that marijuana use remains “Unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes” under state law.
This statement reflects the ATF’s longstanding position that local laws don’t supersede the federal laws the ATF is tasked to interpret and enforce. As long as there are federal laws that criminalize the consumption or possession of marijuana it will be illegal for cannabis users to purchase firearms.
You won’t need a Michigan Concealed Pistol License if you are federally exempt from owning a gun.
In order to legally obtain a Michigan Concealed Pistol License, one must TERMINATE their Medical Marijuana Card in order to legally purchase guns and ammo in the state of Michigan, or to legally obtain/maintain at concealed pistol license. In order to do so, the patient/caregiver must submit a written request to withdraw from the program including their signature. Include a copy of their valid photo ID and return the registry ID card. A confirmation letter will be sent when the Michigan Marijuana Program has processed the withdrawal. You must also refrain from any future consumption of marijuana or it’s byproducts.
More information on how to do so can be found by contacting The Michigan Medical Marijuana Program. You can visit their website at www.michigan.gov/mmp or contact their office at 517-284-6400, select option #4, and their staff will be happy to assist you. Office hours are Monday through Friday 8:00am – 4:45pm, not including state holidays.