Can You Have Both a CCW and NY Medical Marijuana Card?
As medical marijuana becomes more mainstream and gun ownership remains a constitutional right, many New Yorkers are asking a complex legal question:
Can you have both a CCW (concealed carry weapon) permit and a New York medical marijuana card?
The answer is not as straightforward as you might hope. While New York State has legalized both medical cannabis and concealed carry permits under certain conditions, federal law still considers marijuana a Schedule I controlled substance—which creates a legal conflict when it comes to firearms.
In this article, we’ll explore:
- The legal conflict between cannabis and gun ownership
- What federal and New York laws say about CCW and MMJ cards
- The risks of having both
- What gun owners and medical marijuana patients need to know in 2025
- How to make informed, legal decisions
Let’s break down the facts so you can protect your rights and stay compliant.
The Legal Conflict: Cannabis vs. Firearms
At the heart of this issue is a conflict between state and federal law.
Federal Law
Under the Gun Control Act of 1968, it is illegal for any person who uses or is addicted to a controlled substance to:
- Possess firearms
- Purchase firearms
- Receive firearms
This includes medical marijuana users, even in states where cannabis is legal.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has repeatedly stated:
“Any person who uses marijuana, regardless of whether it has been legalized for medicinal or recreational purposes in the state where they reside, is prohibited from possessing firearms or ammunition.”
State Law in New York
- New York allows medical marijuana for certified patients
- New York also allows concealed carry permits under strict regulations
- However, the state does not explicitly prohibit MMJ patients from owning firearms
This creates a legal gray area where state and federal laws are in direct contradiction.
Can You Legally Have Both a CCW and MMJ Card in NY in 2025?
The Short Answer
Technically, yes under state law—but no under federal law.
In practice:
- New York does not currently revoke CCW permits solely for having a medical marijuana card
- However, under federal law, being a cannabis user disqualifies you from owning or purchasing firearms
- Lying about cannabis use on a federal gun purchase form (ATF Form 4473) is a felony offense
So while you may hold both a CCW and an MMJ card, doing so puts you at legal risk under federal law.
ATF Form 4473: The Key Legal Trap
When purchasing a firearm from a licensed dealer, you must complete ATF Form 4473, which asks:
“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
If you check “No” while holding a medical marijuana card, you are:
- Lying on a federal form
- Committing a felony punishable by up to 10 years in prison
- Potentially forfeiting your right to own firearms
Even if cannabis is legal in New York, it is still illegal federally, and the ATF does not recognize state medical marijuana programs.
What About Private Gun Sales or Existing Firearms?
Some MMJ patients wonder:
“What if I already own guns or buy one through a private sale?”
Here’s what you need to know:
- Federal law applies to all firearm possession, not just purchases
- Even if you legally bought your gun before getting an MMJ card, continued possession while using cannabis is federally prohibited
- Private sales do not exempt you from federal firearm laws
This means that owning or possessing firearms while using medical marijuana is still a federal offense, regardless of how the gun was obtained.
Real-World Enforcement: What Are the Risks?
While the federal government rarely prosecutes individual MMJ patients for gun possession, the risk is not zero.
Potential Consequences
- Denial of future firearm purchases
- Revocation of a concealed carry permit (if discovered)
- Federal charges in the event of a criminal investigation
- Complications during legal proceedings (divorce, custody, etc.)
In 2025, enforcement is still selective and inconsistent, but the legal risk remains real.
Legal Workarounds (and Why They’re Risky)
Some gun owners try to “game the system” by:
- Not disclosing their MMJ status
- Letting their MMJ card expire
- Using cannabis without official certification
⚠️ These strategies are legally risky. Remember:
- Cannabis use, not just card possession, disqualifies you under federal law
- Lying on federal forms is a serious crime
- You could lose both your gun rights and your legal protection as a patient
What If I’m a Veteran or Law Enforcement?
Many veterans and law enforcement officers use cannabis to manage PTSD, pain, or anxiety. However:
- Federal firearm laws apply to everyone, including veterans
- Active-duty law enforcement may face termination if they use cannabis
- Some departments have zero-tolerance drug policies, even for MMJ
If you’re in this category, consult a cannabis-competent attorney before applying for a card.
What Should You Do If You Want Both?
If you’re considering both a CCW and a medical marijuana card in New York, here are your options:
Option 1: Prioritize Your Health
- Get certified for medical marijuana
- Avoid applying for or renewing a CCW
- Focus on symptom relief and legal cannabis access
Option 2: Prioritize Your Gun Rights
- Do not use cannabis in any form
- Do not apply for a medical marijuana card
- Maintain eligibility for firearm ownership under federal law
Option 3: Consult a Cannabis Attorney
- Laws are evolving
- Some federal court rulings have challenged the ATF’s stance
- A qualified attorney can help you navigate your specific situation
Summary Table: CCW and MMJ Card Legality in NY (2025)
| Question | Answer |
|---|---|
| Can I have both a CCW and MMJ card in NY? | ✅ Under state law, ❌ under federal law |
| Will NY revoke my CCW for having an MMJ card? | Not automatically, but it’s possible |
| Can I buy a gun if I have a medical card? | ❌ No. You’ll fail the ATF background check |
| Is it illegal to own guns while using MMJ? | ✅ Yes, under federal law |
| What’s the safest option? | Consult a cannabis and firearms attorney for personalized advice |
Final Thoughts
In 2025, the conflict between federal gun laws and state cannabis laws remains unresolved. While New York allows both concealed carry permits and medical marijuana, federal law still prohibits cannabis users from owning or possessing firearms.
If you’re a gun owner considering medical marijuana—or a patient considering firearm ownership—you must weigh the legal risks carefully.
Until federal law changes, having both a CCW and an MMJ card puts you in a legal gray zone that could have serious consequences.
Want to Get Certified for Medical Marijuana in New York?
Visit NY Marijuana Card to schedule a confidential telehealth appointment and get certified legally and safely.
Frequently Asked Questions (FAQs)
1. Can I legally own a gun if I have a New York medical marijuana card?
Not under federal law. Cannabis users are prohibited from owning or possessing firearms.
2. Will New York deny my CCW if I have an MMJ card?
Not automatically, but it may affect your application or renewal depending on local enforcement.
3. What happens if I lie on the ATF gun purchase form?
You could face felony charges, up to 10 years in prison, and permanent loss of gun rights.
4. Can I use cannabis and still keep my existing guns?
Possessing firearms while using cannabis is a federal offense, even if you already own them.
5. Is there any legal way to have both a CCW and an MMJ card?
Not without risk. Consult a cannabis and firearms attorney for the most current legal guidance.
Stay informed. Stay safe. And always make decisions based on the most up-to-date laws in your state and at the federal level.
