August 2011: Firearms & Medical Cannabis Patients

Patients should avoid possession of firearms as there are typically additional penalties for the possession, use, and cultivation of cannabis when firearms are present. “Any person who, during any drug trafficking crime for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall:

  1. Be sentenced to a term of imprisonment of not less than 5 years;
  2. If the firearm is brandished, not less than 7 years; and
  3. If the firearm is discharged, not less than 10 years."

Although the U.S. Constitution confers a right to carry firearms, and state law allows for medical cannabis cultivation, we have seen many patients face extreme legal consequences for having firearms in addition to plants. ASA strongly advises that if you are a medical marijuana patient, do not carry or keep firearms on your property.

For assistance or more information on this matter, please contact ASA’s legal hotline ([email protected] or 510-251-1856).

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