Can I Own A Gun If I Have A Medical Card In New Mexico?
Gun Ownership Medical Card New Mexico
New Mexico has specific policies on gun ownership and recreational usage of marijuana. Guns have few controls, and marijuana is restricted to medical use.
Update on New Mexico Gun Ownership and Marijuana Laws
Gun ownership in New Mexico
New Mexico permits gun ownership at will and does not restrict the purchase of weapons, including assault weapons. The law permits open carry of long guns and handguns, both loaded and unloaded. Cities and localities may not issue laws restricting the ownership or use of handguns except to restrict the discharge of weapons within their boundaries.
The Concealed Handgun License
New Mexico has few restrictions on gun ownership and requires a license only for concealed handguns. To receive the state’s concealed handgun license (CHL), one must submit to a background check for mental illness and past criminal record. The CHL also requires gun safety training for those without prior military or police service.
Marijuana is an illegal drug or controlled substance in New Mexico. It is also a controlled substance under federal law. The state considered but has not fully authorized the recreational use of marijuana or regulated sale to the public. New Mexico authorized the use of marijuana for medical treatment in 2016. Lawful use of medical marijuana requires a medical marijuana card.
Medical Marijuana Cards
Those who have a medical marijuana card in New Mexico must qualify medically and comply with rules concerning use and distribution. Medical marijuana is lawful for those diagnosed with one of 15 medical conditions. These include cancer, HIV, epilepsy, and chronic arthritis. People in hospice care also qualify for a medical marijuana card. A licensed physician must make the diagnosis and issue the medical marijuana prescription.
Medical marijuana cards authorize the holder to purchase and possess up to 6 ounces of medical marijuana or grow up to 16 marijuana plants. The card authorizes personal use only and does not entitle the holder to sell or otherwise distribute marijuana.
New Mexico makes the medical use of cannabis LEGAL, as you know, with a medical cannabis card, which you may have. However, marijuana usage is still ILLEGAL under federal law, and marijuana is still classified as ILLEGAL under federal law. Along with that, the federal gun statutes, specifically 18 U.S.C. 922, makes it unlawful for any “user of illegal drugs…” to possess a firearm. So the reality is, that if you USE marijuana with your medical card, and you have a firearm, you are violating federal law. You are not violating NM state law, but you would be in violation of the federal statute. Now, the ATF has not extensively pursued cases against persons who possess a medical card and have firearms but there have been occasional federal criminal prosecutions for violations of this statute.
Providing Knowledgeable Legal Assistance
In conclusion, it is important to understand the laws for Gun Ownership Medical Card New Mexico. Those who have had issues with gun ownership or marijuana laws in New Mexico can contact Bowles Law Firm for legal assistance from a criminal defense attorney in Albuquerque. We are also the medical malpractice attorney New Mexico negligence victims rely on and the wrongful death attorney for Albuquerque surviving families. Moreover, if you need an auto accident lawyer in Albuquerque or an experienced personal injury attorney for Albuquerque cases, call us to get the assistance you deserve.