Even in states where medical marijuana is legal under the relevant state law, it is still illegal under federal law. This conflict of law manifests in many ways, most recently in a directive in Hawaii, where medical marijuana users in Honolulu are being asked to voluntarily surrender any firearms they may own. Officials have given them 30 days to comply with this voluntary directive. While this may sound strange, according to a recent article from Task & Purposes, that is what the police are doing now that the state’s first medical marijuana dispensary opened a few months prior to this new plan.
According to the local police department, a state statute essentially says that a fugitive shall not own a firearm, and neither can any person who is prohibited from owing or possessing a firearm under a relevant federal statute. The felon in possession portion of the statute is present is in the criminal code of most if not every state’s criminal code, so this is not a new argument, but those using medical marijuana are not convicted felons for the reason of using medical cannabis. They may be convicted felons for other reasons, and if that is the case, there is no question they are not allowed to own or possess a firearm.