Is it Illegal to Use Marijuana and Possess a Firearm in Michigan?

Federal law prohibits controlled substance users from buying or possessing firearms, even in states where marijuana use is legally permitted. Even though both recreational and medical marijuana use is legal in Michigan, it is still classified as an illegal controlled substance under federal law. This creates a conflict for some who may wonder if it is illegal to use marijuana and possess a firearm in Michigan.

What is the federal law on marijuana use?

On the federal level, cannabis is currently classified as a Schedule 1 Controlled Substance (similar to heroin), and persons who use it are in violation of federal law. When attempting to purchase a firearm from a licensed seller, the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) states that an individual must answer the question below:

“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.”

A marijuana user who answers “yes” would not be allowed to purchase the firearm and could have his or her license canceled. For those who already own a licensed firearm, their ownership is no longer legal if the owner uses marijuana.

Michigan Regulation and Taxation of Marihuana Act

In 2018 the Michigan Legislature enacted the Michigan Regulation and Taxation of Marihuana Act, which allows the personal possession and use of limited amounts of marijuana by persons 21 years of age or older.

With this legislation, Michigan became one of 21 states to legalize limited use of marijuana. However, this legislation still does not make it legal under federal law for Michigan residents to use marijuana and possess a firearm.

Help is available

The attorneys at O’Reilly Rancilio are available to answer your questions regarding marijuana laws. For more information, call 586-726-1000 or visit our website.

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