Michigan: Medical Marijuana, Gun Ownership, and CPLs

The main question we get is: "I have a MMMA Card, can I still get a CPL and own and possess firearms?"
The main question we get is: “I have a MMMA Card, can I still get a CPL and own and possess firearms?”
Michigan Coalition For Responsible Gun Owners
Michigan Coalition For Responsible Gun Owners

Michigan-(Ammoland.com)- We often get questions on the interplay between firearm ownership and Michigan's Medical Marijuana Act.

It is a complex and changing area of law. We know that federal law (18 U.S.C. § 922(g)(3)) makes it a felony for an “unlawful user of … any controlled substance” to “possess … any firearm or ammunition.”

Marijuana is classified as a Schedule I controlled substance, so it is a felony for a user of marijuana to possess a firearm or ammunition. Juxtapose this with the fact that 28 states and the District of Columbia have now passed laws legalizing the medicinal and/or recreational use of marijuana.

The main question we get is: “I have a MMMA Card, can I still get a CPL and own and possess firearms?”

To get a License to Purchase a pistol or a Concealed Pistol License in Michigan, you must also pass a federal background check (NICS check). This brings federal law into the Michigan scheme of licensing. The ATF takes the position that anyone with a MMMA card is probably using and therefore they are not allowed to possess a firearm until 12 months after their last use. So, even having a card is a prohibitor in the eyes of the federal government.

Some argue that this may be a leap as a person with a MMMA card may not use marijuana the same as a CPL holder may not ever carry a pistol. The federal law has been challenged and been upheld so far. Courts have, without any real empirical evidence, assumed a connection between marijuana use and gun violence.

The Michigan database on who has a MMMA card does not talk to the State or Federal databases that are used for background checks. So, unless the person admits they have the card there is no real way for anyone to find out.

But you must fill out certain forms when you apply for a License to Purchase or CPL and you are stepping into a grey area when the marijuana question must be answered. Hopefully, we will get some clarity from new legislation or court cases in the future to make this interaction between laws more sensible.

More information about medical marijuana and firearms ownership can be found HERE.

About MCRGO:

The Michigan Coalition for Responsible Gun Owners is a non-profit, non-partisan organization. Formed from just eight people in 1996, we now have thousands of members and numerous affiliated clubs across the state. We’re growing larger and more effective every day.

Our mission statement is: “Promoting safe use and ownership of firearms through education, litigation, and legislation” Visit: www.mcrgo.org.

  • 13 thoughts on “Michigan: Medical Marijuana, Gun Ownership, and CPLs

    1. As usual, MCRGO doesn’t answer questions nor do they provide accurate info except how and where to fill their coffers.

      The LTP (RI-10)has no application, its verbal. Localities are prohibited from having their own applications and the state has yet to release an application, that’s why it’s verbal.

      The CPL (RI-13) is applied for on an application called the RI-12. No where on the application does it ask if you have a MML card.

      1. That would be relevant… Except one of the requirements for obtaining a LTP includes the potential buyer not being addicted to or an unlawful user of a controlled substance as defined in MCLA 333.7104. I’ll save you the reading, marijuana is still included, as it includes schedule 1 controlled/banned substances. Because firearms are regulated by federal law, ANYONE who uses, possesses, transports, grows, or sells marijuana, recreational or medicinal, is committing a felony if they are in possession of a firearm or ammunition. Having a MML provides the basis for a reasonable assumption that one who goes through the process of obtaining a card does so with the intention of using, possessing, transporting, or growing marijuana.

        Asking about a MML card on a CPL application would be redundant, as one of the requirements is the ability to legally possess or purchase a firearm. Because any MML holder does not qualify to possess a firearm, by extension they are disqualified from obtaining a CPL. State laws are completely irrelevant regarding one’s ability to possess or purchase of a firearm.

        1. This is incorrect. LTP disqualifications (MCL 28.422) and CPL disqualifications (MCL 28.425b) do not include medical marijuana.

          It doesn’t matter if is banned under federal law. Michigan has not passed any ban on medical marijuana for LTP’S or CPL’s.

          Furthermore, even if they wanted to, they can’t because Section 7 of the MMMA prohibits any law to the contrary, they would have to amend the MMMA by 3/4 majority vote to amend the MMMA.

          We have an excellent handle on this issue at MOC and that is why we published a rebuttal that is 100% factual.

        2. Furthermore, no where in the MCL is there a requirement that you must be able to “purchase” a firearm under federal law, only to “possess” firearm under federal law (MCL 28.426).

          Purchasing (18 USC 922(d)) and Possession (18 USC 922 (g)) are not identical as the Wilson case clearly illustrates.

          1. 6 months after i got out of the army i was denied the purchase of a rifle. I assume its because i got a medical card a couple months before that. i was so depressed. i deployed to Afghanistan for 9 months and i come home get out and cant buy a gun cause i use cannabis to hide my nightmares,.

    2. Need to get BATF out of all state level issues, then delist marijuana as a Schedule 1 controlled substance.. which it is not, never has been , nor will be.

      And no, I do not use the stuff, nor do I intend to. But I am well aware of what it is, and is not.

      One quick fix would be for Michigan’s legislature to opt for a background check system other than NICS. Funny, if the CPL wants a NICS check to get, and if the NICS check is done for every firearm purchase, which one comes first? If a guy has been able to buya gun in the last year, why even recheck? If a guy has his CPL, why run a new NICS for every gun porchase? I got my driving license years ago, why do I need to pay a hefty fee every few years to renew it? NO testing whatever. Simply PAY PAY PAY. If I do something stupid, the law will come round and nip that little piece of paper, just like they do with my CPL if I mess up.

      Stupid gummint fools, leave us alone.

    3. 14688. ALL RIGHTS RESERVED. WITHOUT PREJUDICE. WITHOUT RECOURSE.
      First of all, props to all those among our number
      who fight day’ly to preserve & protect
      Our Rightz & Freedomz & Libertyz, & Property’z!

      The POWER of ARMz…
      Of course to Own & Use, or ‘Bear’ Arms iz not an overly simple question…
      It involvez at once a(n):

      —Rightz to “LIFE, LIBERTY, & PROPERTY”.

      —Right to pursue Happy’ness [Property Ownership].
      —Right to Privacy.
      —Right to Protest.
      —Right to Due Process.
      —Right to Equality.
      —Right to Law.
      —Right to Sanctuary (House, Home, Domicile, Church).

      —Right (Property) to Own Arms, for LIFE-Protection of Self (& FAMILY, Tribe, Church).
      —Right (Property) to Bear Arms, for Protection of Society
      (State-Gov’…, & gen’Gov’, & Other-Societyz – FAMILY, Tribe, Church).

      —Right to Autonomy (Self-Gov’).
      —Right to Religion (Beliefs & Opinionz & Lawful Acts).
      —Right to Society
      (State-Gov’…, & gen’Gov’, & Other-Societyz – FAMILY, Tribe, Church).
      —Right to Alter-or-Abolish Gov’.

      —Duty (Obligation) to Own Arms, for LIFE-Protection of Self (& FAMILY, Tribe, Church).
      —Duty (Obligation) to Bear Arms, for Protection of Society
      (State-Gov’…, & gen’Gov’, & Other-Societyz – FAMILY, Tribe, Church).

      …Though lengthy, this list Do’z-NOT by any meanz mark the full Boundz of The said Power.
      But we have still other territory to explore, namely:

      ‘Common Law’ = ‘Law of the Land’…
      —The Lesser [D.C.] follows the Greater [Congress, w/Plenary Power].
      —The Agent/Servant/Created [Congress, gen’Gov’, State-Gov’, …] iz NEVER
      greater than The Master/Creator [The ‘Sovereign’ People].
      —Constitutionz MUST ALWAYz be read through the lense of the Common Law,
      & in the Light of RIGHT & WRONG.
      —One may exercise by way of Angency [Congress, gen’Gov’, State-Gov’, …]
      otherwise than by Self [The ‘Sovereign’ People].
      —The Most True WILL of the Legislature iz the LAST/Most-Recent Expression thereof.

      …AGAIN, Though lengthy, this list Do’z-NOT by any meanz mark the full Boundz
      of the Weight the Common Law, the Law of the Land, CUSTOM, or U&SAGE
      bring to Bear upon The said Power.

      Notwithstanding, if We The People Created the State-Gov’, &
      We The People Created the gen’Gov’;
      Who answerz to whom?
      …if the gen’Gov’ exercises Plenary Power over D.C.,
      & D.C. …blah-blah-blah [Weed/Gunz, ect.]… THEREFORE,
      the gen’Gov’ by Assent & Acquiescence DID THE ACT!

      There iz NO Ground but FRAUD to be gain’d by the say’ng that
      I DID through ANOTHER…
      IF the Other Acted By MY-WILL/Knowledge/Acquiescence/NON-OBJECTION…
      THEN, it iz MY-OWN ACT, az I am the Superior Power/Force.

      Put more directly, it iz a conflict of Fundamental Principle’z of Law, to say that
      D.C. (NOT a Sovereign ‘Union State’ & having ‘By Law’
      ‘NO Powers of Self-Government’, though Created by the WILL of
      The ‘Sovereign’ People…) is Operated EXCLUSIVELY by
      PLENARY Power of the ‘United States in Congress Assembled’

      DID ***ANY ACT*** which the gen’Gov’ DID-NOT WILL!
      That iz an out right FRAUD to Pretend & Promote.

      Therefore, if Congress Act upon The Republic at Large,
      through Public Law, embracing all the solmninity’z of Due Process;
      else they EXPRESS their WILL through a FUNCTIONARY/AGENT/SERVANT,
      the Last EXPRESSION STANDS az the TRUE EXPRESSION.

      [Yachid Yada Meir Zara. 14688]
      ALL RIGHTS RESEVED.

    4. 14688.
      Notwithstanding, above I spoke rather of Right’z & Duty’z, & Law…
      Nowhere above do I Imply an Ability to “Conceal”, same which would be
      DisHonourable, & therefore without the territory covered thereat.

      Law NEVER (to my knowledge) sanction’d or Created of any Man a Right
      to behave Without Honour, or to Conceal Armz.

      Furthermore, I cannot for the Life of me, despite all the ground above covered,
      why AnyOne would consider to Set-Aside Several Hundred Yearz of Fought-&-Die’d-for
      Rightz (Armz, Locomotion, Liberty, ect.) to Prefer a PRIVILEDGE from the State!

      To my way of Thinking, this Argument iz a NonIssue…
      Az to the Control’d Substance, If the gen’Gopv’ haz claim’d ‘the Territory’, & Delcared
      az AGAINST-It [Congress], then FOR-It [D.C.], the Last Exibition of the Legislative-WILL
      Standz. Especially, since the AGENT/Servant [D.C.] Cannot Act
      but through to Direct WILL of the Master [gen’Gov’/Congress].
      Thus, this becomez itself a Non-Issue.

      Reguardless this Issue, the matter of Armz may [SHOULD/MUST] be
      defend’d on the territory carved out above.

      …Peacably or otherwise, which iz WHY Resistance is list’d among Our Sacred Rightz.
      Obce ***THEY*** have Our Armz, it won’t matter how we number & bicker over
      whatever scap’z are left on the table.

      [Yachid Yada Meir Yara. 14688. ALL RIGHTS RESERVED.]

    5. Nowhere above do I Imply an Ability to “Conceal”, same which would be
      DisHonourable, & therefore without the territory covered thereat.

      then WHY this:

      we have a right to arms.. own, possess, move at will, secure, hide, transport, use, buy, sell, make, trade, etc, as with any other property. Whatever I can do to or with a claw hammer, I can, under law, do to or with a firearm.

      We also have a right to privacy.. to be secure in our persons (clothing, what we have in or on or with ourselves), houses papers, effects (the things we own or control)

      Put these two together, and they ARE named and guaranteed within the same document), and the right to conceal a weapon is indeed included.

      thus, nothing in any law can preclude my OWNING and carrying about with me as I see fit, a nice big shuney revolver or hunting rifle. Nor does anything in law prevent me from keeping that ownership a private affair all to myself, nor from covering the whereabouts of that item of personal property…. even when hidden upon my person, or with the effects I have about me as I travel.

      And don’t forget, we DO have the right to peaceably assemble, where and when we wish, and to associate with whomever we please.

    6. I was told by a gun store owner that if you posses a MMJ card in Michigan that you can NOT own or purchase any firearm. If the fed came in your home there would be a felony for each firearm you own. So I can not buy a gun here in Michigan, I would rather have my card than a gun anyway.

    7. I am wondering about, I am a medical marijuana caregiver only, I’m not a patient and do not use, would I still be able to obtain my CPL? I cannot find any information on this

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