Marijuana and Guns in Florida
Can a Florida medical marijuana patient own a gun? Florida’s concealed weapon license requires that no Florida or federal law bars you from having a firearm, and federal law, as written, bars anyone who is an unlawful user of a controlled substance from possessing one (18 U.S.C. 922(g)(3)). Ask a Florida firearms lawyer before you buy or carry.
Guns are one area where federal law also applies. Federal law takes a strict view of drug use and gun ownership together: 18 U.S.C. 922(g)(3) makes it unlawful for anyone who is an unlawful user of a controlled substance to possess a firearm or ammunition.
But in Florida, marijuana is legal for medicinal purposes. Florida also issues concealed weapon licenses under s. 790.06. How do these laws intersect? In short, the answer turns on the federal law on drug users and a 2026 Supreme Court ruling on it, both covered below. Let’s start with Florida and then look at how the Federal government might restrict you. Please note that none of this should be taken as legal advice. If you have further questions, please speak with a qualified lawyer.
Florida Concealed Weapon License Rules
There is nothing in Florida’s gun laws that says you have to surrender your weapons in order to get a medical marijuana card. Whether federal law limits your gun rights is a separate question, covered below.
Under subsection (10) of s. 790.06, Florida’s concealed weapon license law, a license must be suspended or revoked if the holder becomes ineligible, is found guilty of a chapter 893 controlled substance crime, or is committed as a substance abuser; to qualify, an applicant must not have been found guilty of a chapter 893 offense in the 3 years before applying or committed for controlled substance abuse. Getting certified for medical marijuana now won’t overturn those rules, but if you’ve stayed within the law before and continue to follow Florida’s medical marijuana laws, know that Florida’s license also requires that no Florida or federal law bars you from having a firearm.
Florida’s medical marijuana statute, s. 381.986, does not mention firearms. So for a CCW permit the question turns on federal law, which Florida’s license statute adopts.
Federal Gun Law and Medical Marijuana
Federal law still governs marijuana in Florida. Since April 2026, marijuana under a state medical marijuana license is in Schedule III rather than Schedule I, and the proposal to reschedule the rest was still pending as of October 2026. The federal rules for patients are still changing, so it is something to be aware of.
Buying from a licensed gun dealer adds another step. The buyer completes ATF Form 4473, the Firearms Transaction Record, which the dealer keeps on file, and certifies that federal law does not bar them from receiving or possessing a firearm. Whether a Florida medical marijuana patient can truthfully make that certification after the Supreme Court’s 2026 Hemani ruling is a legal question for a firearms lawyer.
A licensed dealer must have the buyer complete this form for every over-the-counter sale, new or used. Federal law is broader than the form: as written, 18 U.S.C. 922(g)(3) bars an unlawful user of a controlled substance from receiving or possessing any firearm or ammunition, and it does not defer to Florida laws. In June 2026, in United States v. Hemani, the U.S. Supreme Court held that prosecuting a man under that law for keeping a gun at home, based only on his regular marijuana use and with no proof it made him dangerous, violated the Second Amendment. The Court called its ruling narrow. How it applies to a Florida patient who buys, owns or carries a gun is a legal question, so speak with a Florida firearms lawyer first.
It would be a bad idea to travel with your guns and your marijuana at the same time. Florida patients should leave their marijuana behind before they try to cross state lines. But it’s still possible to get the attention of a federal agent while still being in Florida. Keep your marijuana in its original packaging, as Florida law requires, and learn Florida’s carry rules before you travel with a firearm.
Traveling with both your guns and marijuana can carry legal risk, so ask a Florida firearms lawyer before you do. As written, federal law covers private sales too, so buying from another gun owner is not a way around it. And because Florida’s concealed weapon license requires that federal law not bar you from having a gun, a medical marijuana card can affect that license too.
Last updated October 15, 2026 by the Dr. Green Relief Editorial Team.
