Possession of Medical Marijuana with a Lawful Firearm Still a Federal Felony Offense

While many states, including Michigan, in the union have passed laws legalizing marijuana for medical use, the substance, medical or otherwise, is not legal on a federal level.

Although it is debatable whether the federal government will prosecute those who possess marijuana for medical purpose, it is fairly clear that those who possess a state medical marijuana card on a national level instantly give up their Second Amendment right to bear arms.


Under current federal law, any person who uses an illegal controlled substance does not have the right to possess firearms or ammunition in any way.

Even those who are using a controlled substance legally and with a prescription still technically are breaking the federal law.


Near the beginning of his term in office, President Barack Obama said he didn’t wish to push federal prosecution against people from states with laws permitting the use of marijuana.

In October 2009, U.S. Deputy Attorney General David Ogden circulated a policy memo that confirmed Obama’s earlier statements. The possession of a firearm could clearly result in a federal prosecution when one would otherwise not result. Michigan Criminal Defense Attorneys are bracing for a case where the United States steps in to prosecute what would otherwise be a misdemeanor possession of marijuana by a person lawfully in possession of a firearm. A charge with a firearm would be a felony in federal court.