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It is quite a surprising fact that medical marijuana has been legalized in Louisiana since 1978 in some capacity.
In all these years, the state has expanded the list of qualifying medical conditions as well as developed new laws regarding marijuana possession and cultivation for registered medical marijuana users.
But when it comes to the gun possession laws within the state, there’s no legal protection provided by the state to its registered medical marijuana users.
As per a letter issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in 2011, it is illegal to ship, transfer, receive, or possess weapons/ammunition if you’re an ‘unlawful user of or addicted to any controlled substance’.
Now, considering that marijuana is recognized as a Schedule I drug on the federal level, consuming marijuana makes you ineligible for a firearm license.
The memo further stated that ‘any person who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use 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’.
This confirmed that from a legal perspective, medical marijuana users are ineligible to possess a license.
Unlike other states that do provide legal protection and guarantee their registered medical marijuana users that owning a firearm and a medical card simultaneously won’t cause any legal troubles for them, the state of Louisiana is completely silence over the matter. There is no promise of legal protection made by the state when it comes to this matter.
Taking My Gun To a Dispensary in Lousiana: Is It a Good Idea?
In Louisiana, open carrying of a firearm is not illegal as long as you’re an adult (18 years or older) and are not barred from possessing a firearm.
The state also allows its residents to apply for a Concealed Handgun Permit (CHP) allowing a person to carry a concealed firearm in public. But even with a CHP, here are some places where you can’t legally take your handgun,
- Any place where the carrying of firearms is prohibited by Federal law/State law
- Any school campus or school bus
- Any law enforcement office/station/building
- Any place where the carrying of firearms is prohibited by Federal law/State law
- Any detention facility/prison/jail
- Any courthouse or courtroom
- Any polling place
- A municipal building or other public building or structure
- A private residence of another person without first receiving consent from that person
- The State Capitol building
- Any portion of an airport facility where the carrying of firearms is prohibited under Federal law
- Designated gaming areas of casinos other than for full-time commissioned law enforcement officers who are on duty and within their respective jurisdiction
Consuming CBD Products and Owning a Gun in Louisiana
Individuals who are 21 or older can legally consume CBD products (less than 0.3% THC) without having a medical marijuana card. This means that as long as you follow the state regulations, you can consume CBD products while owning a gun in Louisiana.
Conclusion
So far, there are no such reports that indicate any kind of legal protection or stance being taken by the state of Louisiana on the matter.
When it comes to having a Louisiana medical marijuana card and owning a gun, you’re completely on your own when it comes to facing legal consequences as per federal laws.
We do hope that in the future, the state of Louisiana take the necessary steps to ensure the legal rights of in-state medical marijuana users.
Helpful Resources For Patients:
Is Delta-9 THC Legal in Louisiana?
Louisiana Medical Marijuana Card for Minors
Are Edibles Legal in Louisiana?
