Federal law stands between guns & medical marijuana in ND

Posted: Oct 22, 2018 / 11:46 AM CDT

Updated: Nov 1, 2018 / 04:31 PM CDT

North Dakotans will be able to apply for medical marijuana cards at the end of this month.

Those granted that card, will also be giving up their right to buy a gun.

Despite the fact that medical marijuana cards would be legally obtained in the state, federal law considers marijuana use to be unlawful.

Every person who goes to buy a gun is required to fill out a 4473 form, a federal form through the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The 4473 is a Firearms Transaction Record, which is the first step for sellers to proceed with background checks.

It asks basic information like your name, residence, and other information typically on a driver’s license.

It also asks a series of questions to be marked yes or no – one of those questions specifically asks:
‘Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?’

It then warns the buyer that ‘The use or possession of medical 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.’

KX News checked with gun shops in other states where medical marijuana is legalized, and sales personnel there said that if a person is registered for a medical marijuana card, like any other prescription drug, it would not show up on a background check.

However, since the 4473 is a federal form, that means it’s a federal crime to fill it out untruthfully.

So despite medical marijuana being legal in North Dakota, it remains illegal federally to buy a firearm, if you use marijuana.