Since 2021, Kif offers a streamlined platform to get a medical marijuana card online. We have served more than 45K patients across the United States. Sign Up Now to get the right to use medical cannabis for your health condition without any delay.
If you are a part of the Iowa medical cannabidiol program, you might have some big questions about your right to own a gun. It's a topic that can feel very confusing, and it's smart to look for clear answers.
The main issue with Gun Ownership for MMJ Patients in Iowa is that the laws for our state and the laws for the whole country don't match up. This can make it hard to know what is okay and what could get you into trouble.
This guide is here to help you understand everything. We will look at what the federal government says and what Iowa law says. We will also show you the biggest problems you might face when trying to buy a gun and explain the risks so you can make safe and smart choices for yourself.
The Main Problem: Conflicting Rules Between the U.S. Government and Iowa
The number one reason for all the confusion is that the U.S. government and the state of Iowa have different ideas about medical cannabis. Think of it like having two different teachers with two different sets of rules. It makes it hard to know which rules to follow.
This is a common issue known as federal gun laws marijuana in Iowa. The big, national law says one thing, but state programs create a different situation. Let’s break down what each side says.
The Federal Government's Strict Stance on Cannabis
First, let's talk about the federal government. The U.S. government has a law called the Controlled Substances Act. This law puts different drugs into groups, or "schedules."
Marijuana is listed as a Schedule I substance. This means the federal government believes it has no accepted medical use and is illegal. This rule is for the entire country, including Iowa.
Because of this, another federal law called the Gun Control Act of 1968 comes into play. It says that anyone who is an "unlawful user of... any controlled substance" cannot legally buy or even own a gun. A government group called the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) has made it very clear that this includes people using medical marijuana, even if a state says it's legal.
What Does Iowa Law Say?
Now, let's look at our state. The state of Iowa created the Medical Cannabidiol Program to help people with certain qualifying health conditions get relief. This program allows them to legally use specific cannabis products for their health.
However, when Iowa made this program, the state laws did not mention anything about owning guns. Iowa's laws are "silent" on this topic. This means there are no special state rules that protect a patient's right to have a firearm.
When a state law is silent, the federal law is the one that everyone must follow. So, in Iowa, the strict federal rule against cannabis users owning guns is the law of the land.
The Firearm Application Form: ATF Form 4473
Even if the laws seem confusing on paper, it gets much clearer when you try to buy a gun from a licensed store. There is a special form that stops a medical cannabis patient right in their tracks.
This form is called the ATF Form 4473. Every single person who buys a gun from a licensed dealer in the United States has to fill out this paperwork. It asks a lot of questions to make sure you are legally allowed to have a firearm.
One question on this form creates a big problem. It's question 21.g, and it asks if you are an "unlawful user of, or addicted to, marijuana..." This puts a medical cannabis patient in a no-win situation.
Here’s why:
-
If you answer "Yes": The gun dealer is required by law to deny the sale immediately. You will not be allowed to buy the gun. It's an automatic stop.
-
If you answer "No": If you are a medical cannabis patient and you answer no, you are lying on a federal government form. This is a serious crime called perjury. It can lead to very big fines and even time in prison.
This form is the biggest practical reason why Gun Ownership for MMJ Patients in Iowa is not legally possible if you are trying to buy a gun from a dealer.
A Note on Your Health Journey:
Choosing to look into medical cannabis is a big step toward taking care of your health. For anyone thinking about getting an Iowa medical card, it is very important to have a safe and easy process.Kif's Doctors offer a private and simple online way to connect with a doctor who can help. We have helped over 450,000 patients find their path to feeling better. You can look at our clear pricing options and sign up today to get the kind and quick approval you need.
Your Rights for an Iowa Permit to Carry Weapons
Another important topic is getting a permit to carry a gun. In Iowa, this is called an Iowa Permit to Carry Weapons. Understanding how this works is key.
Iowa is what is known as a "shall-issue" state. This means that your local sheriff's office has to give you a permit if you meet all the legal requirements. They can't just say no if you check all the boxes.
However, one of the most important boxes you have to check is being allowed to own a gun under federal law. We already learned that the federal government says medical cannabis patients are not allowed to own guns.
This means that if you are a medical cannabis patient, you are not eligible to get a new Permit to Carry Weapons in Iowa. If you already have a permit and then join the medical cannabis program, your permit could be taken away if the sheriff's office finds out.
Conclusion: Stay Informed and Prioritize Your Safety
When we look at all the facts, the rules for Gun Ownership for MMJ Patients in Iowa are very clear. The federal law makes it illegal, and Iowa's state law does not offer any protection from this rule.
As a patient, this means you are forced to make a difficult decision. You have to choose between your right to use medical cannabis for your health and your Second Amendment right to own a gun.
The best thing you can do is be informed and understand the risks. Until the federal laws on cannabis change, this choice will continue to be a reality for patients in Iowa. If you have questions about the medical card process itself, please feel free to contact us.
Common Questions and Straightforward Answers
It is normal to have more questions. Let's go over some common ones and give you simple, direct answers.
I already own guns. Do I have to give them up if I get a medical card?
According to the law, the answer is yes. Once you become a medical cannabis user, you are a "prohibited person" under federal law. This means you are not legally allowed to have your guns anymore.
While it is not likely that police will come to your home to take them just because you signed up as a patient, you are still breaking federal law. This puts you at serious legal risk if you are ever in a situation where law enforcement finds out you have both.
What if my spouse or partner has a medical card, but I don't?
This is a very tricky situation. Even if the guns belong to you, if you live in the same house, there is a legal risk.
The government could argue that the medical cannabis patient has "access" to the firearms. This could cause legal problems for both of you. It is always best to talk to a lawyer about your specific situation to be safe.
Where can I get more information about getting a medical marijuana card?
The journey always starts with two steps. First, see if your health issue is on Iowa's list of qualifying conditions. Second, talk to a doctor about it.
Services you can trust, like The Kif, can help you with the process of getting a medical marijuana card. They make sure everything is done safely and correctly according to state rules.
