One of the biggest misconceptions about Florida’s medical marijuana program is that getting a medical marijuana card automatically means giving up your gun rights.
Many Florida residents hesitate to apply for a medical marijuana card because they believe they will lose their firearms, have their concealed carry permit revoked, or no longer be able to purchase a gun.
But is that actually true?
Not exactly. Florida law does not automatically prohibit someone from holding both a medical marijuana card and a concealed weapons license. Florida also allows eligible residents to carry concealed firearms without a permit.
And recent federal court decisions have strengthened constitutional protections for marijuana users who own firearms.
However, there are important distinctions between having a medical marijuana card, legally owning a gun, carrying a concealed firearm, and purchasing a new firearm.
At CannaCare Wellness, we believe patients deserve accurate information about their rights before making decisions about their healthcare.
Let’s break down what Florida residents need to know about medical marijuana cards and gun laws in 2026.
Can You Have a Medical Marijuana Card and a Gun in Florida?
Simply obtaining a Florida medical marijuana card does not automatically require you to surrender firearms you already own.
Florida’s medical marijuana program is governed by Florida Statute 381.986, which establishes the state’s medical cannabis framework.
The statute does not establish an automatic firearm confiscation requirement for individuals who become registered medical marijuana patients.
However, Florida medical marijuana laws and federal firearm laws are separate legal systems.
Federal restrictions have historically affected individuals who use marijuana, even when their medical marijuana use is authorized by state law.
That distinction is especially important when discussing firearm purchases and possession.
The good news is that recent court rulings, including a major U.S. Supreme Court decision in June 2026, have clarified important constitutional protections for marijuana users.
Can You Have Both a Medical Marijuana Card and a Concealed Carry Permit in Florida?
Yes. Florida law does not automatically prohibit a person from holding both a medical marijuana card and a concealed weapons license.
This has been one of the most misunderstood issues among Florida medical marijuana patients.
Florida concealed weapons licenses are issued by the Florida Department of Agriculture and Consumer Services under Florida Statute 790.06.
Having a medical marijuana card is not, by itself, listed as an automatic disqualification under the state’s medical marijuana statute.
In fact, a former Florida Commissioner of Agriculture publicly acknowledged that she personally possessed both credentials.
What Did Nikki Fried Say About Medical Marijuana and Concealed Carry?
Former Florida Commissioner of Agriculture Nikki Fried publicly addressed this issue in 2019.
At the time, her department was responsible for administering Florida’s concealed weapons licensing program.
Fried stated:
“I have both [a concealed weapons permit and medical marijuana card].”
She also explained that her department would not automatically revoke or refuse to renew concealed weapons licenses simply because someone possessed a medical marijuana card.
Her position helped challenge the widespread misconception that Florida medical marijuana patients must choose between their medical marijuana card and their concealed carry permit.
In 2022, Fried also challenged federal firearm restrictions affecting medical marijuana patients through litigation.
Her actions brought national attention to the conflict between state-authorized medical marijuana use and federal firearm laws.
However, Florida’s concealed weapons licensing requirements still incorporate federal firearm eligibility restrictions. Holding both credentials does not independently establish that someone is legally permitted to possess or carry a firearm in every circumstance.
The takeaway: A medical marijuana card is not an automatic reason to surrender your Florida concealed weapons permit, but individual firearm eligibility requirements still matter.
Florida Now Allows Concealed Carry Without a Permit
Another major development is Florida’s permitless concealed carry law.
Since July 1, 2023, Florida has allowed eligible individuals to carry concealed firearms without obtaining a concealed weapons license.
This change came through House Bill 543, which amended Florida’s firearm laws.
Under Florida Statute 790.01, an individual may carry a concealed firearm without a license if they meet the applicable statutory eligibility requirements.
That means qualifying Florida residents are no longer required to obtain a concealed weapons permit simply to carry a concealed firearm within the state.
Does Permitless Carry Apply to Medical Marijuana Patients?
Florida’s permitless carry statute does not establish an automatic disqualification solely for possessing a medical marijuana card.
However, permitless concealed carry does not mean everyone is eligible to carry.
Individuals must still satisfy the statutory requirements, including applicable restrictions under federal and state law.
It is also important to remember that Florida’s permitless carry law primarily concerns carrying concealed firearms. It does not eliminate restrictions on firearm possession or carrying firearms in prohibited locations.
Read the law: Florida Statute 790.01.
Can You Buy a Gun in Florida With a Medical Marijuana Card?
This is one of the most common questions Florida medical marijuana patients ask.
The answer requires understanding the distinction between possessing a medical marijuana card and using marijuana under federal law.
Florida’s medical marijuana statute does not automatically prohibit someone from purchasing a firearm simply because they are registered as a medical marijuana patient.
However, purchasing a firearm through a federally licensed firearms dealer involves federal regulations.
What Does the Gun Store Background Check Ask?
When purchasing a firearm from a federally licensed dealer, customers must complete ATF Form 4473.
The form includes questions intended to determine whether the purchaser is legally eligible to acquire a firearm.
One question addresses unlawful use of, or addiction to, controlled substances.
This is different from a question simply asking whether someone possesses a Florida medical marijuana card.
For years, federal law treated marijuana use as a potential firearm disqualification even in states where medical marijuana was legal.
In January 2026, the Bureau of Alcohol, Tobacco, Firearms and Explosives updated its regulatory definition of an unlawful user of a controlled substance.
Then, in June 2026, the U.S. Supreme Court issued an important decision addressing whether federal authorities could constitutionally prohibit firearm possession based on regular marijuana use alone.
These developments have significantly changed the legal discussion surrounding marijuana and Second Amendment rights.
However, the Supreme Court’s decision did not automatically invalidate every federal firearm purchase restriction or eliminate the requirement to answer firearm transaction forms accurately.
The important distinction is that possessing a medical marijuana card, actually using marijuana, and being legally eligible to purchase a firearm are separate questions.
A background check approval alone does not resolve every legal issue related to marijuana use and firearm purchases.
Does a Gun Store Background Check Show Your Medical Marijuana Card?
Another common concern is whether a firearm dealer can see that someone holds a Florida medical marijuana card.
Florida medical marijuana patient information is protected by state confidentiality laws.
Under Florida Statute 381.987, certain identifying information contained in Florida’s Medical Marijuana Use Registry is confidential and exempt from public records disclosure.
This includes information concerning registered medical marijuana patients and physician certifications.
A standard firearm purchase background check is not intended to provide gun dealers with unrestricted access to an individual’s medical records.
However, this does not mean medical marijuana information can never be accessed or disclosed.
Florida law permits certain authorized disclosures, including specified law enforcement access.
Medical privacy protections and firearm purchasing eligibility are separate legal matters.
A medical marijuana card not appearing in a background check does not, by itself, make a firearm purchase legal or illegal.
Read more: Florida Statute 381.987.
Does HIPAA Protect Florida Medical Marijuana Patients?
Yes. HIPAA and applicable Florida confidentiality laws provide important medical privacy protections.
Generally, private healthcare information cannot simply be accessed by a gun store without a legally authorized basis.
However, HIPAA is not an absolute prohibition against every disclosure of medical information.
It allows certain disclosures in circumstances authorized by law.
Additionally, Florida has specific statutory protections covering the Medical Marijuana Use Registry.
It is important to understand that medical privacy laws do not override federal requirements concerning firearm purchasing or possession.
Patients should always provide truthful information on legally required firearm purchasing forms.
Major Supreme Court Ruling in 2026: United States v. Hemani
One of the most important recent legal developments involving marijuana and firearm ownership occurred on June 18, 2026.
In United States v. Hemani, the U.S. Supreme Court addressed the constitutionality of applying federal firearm possession restrictions to an individual who regularly used marijuana.
The case involved a Texas resident who acknowledged using marijuana several times per week and possessed a firearm in his home.
Federal prosecutors pursued charges under 18 U.S.C. § 922(g)(3), a law restricting firearm possession by unlawful users of controlled substances.
What Did the Supreme Court Decide?
The Supreme Court ruled in favor of Hemani, finding that the government had not established a sufficient historical constitutional justification for prosecuting him solely based on his regular marijuana use.
The decision recognized that regular marijuana use alone, under the circumstances presented, was insufficient to justify the firearm possession prosecution.
The Court did not rule that every person using controlled substances may possess firearms under all circumstances.
It also did not resolve every potential restriction involving individuals who are intoxicated, addicted to controlled substances, or otherwise legally prohibited from possessing firearms.
Nevertheless, the decision represents a significant development for individuals concerned about medical marijuana use and Second Amendment rights.
Why Does This Matter for Florida Medical Marijuana Patients?
For years, Florida medical marijuana patients have faced uncertainty about whether their participation in a state-authorized medical cannabis program could affect their constitutional firearm rights.
The Supreme Court’s decision limits the federal government’s ability to impose firearm possession penalties based solely on the regular marijuana use established in that case.
While legal questions remain concerning particular circumstances and firearm purchases, the ruling provides important protections against overly broad firearm possession restrictions.
Read the decision: United States v. Hemani, U.S. Supreme Court, June 18, 2026.
Florida’s Nikki Fried Also Challenged Federal Marijuana Gun Restrictions
Nikki Fried’s involvement in the issue extended well beyond her public statements about concealed weapons permits.
In 2022, while serving as Florida Commissioner of Agriculture, Fried challenged federal firearm restrictions affecting medical marijuana patients.
Her lawsuit argued that law-abiding medical marijuana patients should not automatically lose their Second Amendment protections simply because they use cannabis under a state-authorized medical program.
In August 2025, the U.S. Court of Appeals for the Eleventh Circuit issued a significant ruling in litigation involving Florida medical marijuana patients and federal firearm restrictions.
The appeals court concluded that the plaintiffs’ constitutional challenges deserved further consideration.
This decision, followed by the Supreme Court’s 2026 ruling in Hemani, reflects the changing legal landscape surrounding marijuana use and firearm rights.
Frequently Asked Questions About Florida Medical Marijuana Cards and Guns
Can I own a gun if I have a medical marijuana card in Florida?
Having a Florida medical marijuana card does not automatically require you to surrender firearms. However, applicable federal and state firearm laws, along with individual circumstances, determine legal possession eligibility.
Can I have a medical marijuana card and a concealed carry permit?
Yes, Florida does not automatically prohibit holding both credentials. Former Commissioner Nikki Fried publicly confirmed that she held both. However, concealed carry eligibility requirements still apply.
Will getting a medical marijuana card cancel my concealed carry permit?
Obtaining a Florida medical marijuana card is not, by itself, an automatic statutory revocation of a concealed weapons license. Other eligibility restrictions may still apply.
Can I carry a concealed gun without a permit in Florida?
Yes. Since July 1, 2023, Florida has permitted eligible individuals to carry concealed firearms without a concealed weapons license. Individuals must still satisfy applicable state and federal eligibility requirements.
Can I purchase a gun at a Florida gun store with a medical marijuana card?
Possessing a medical marijuana card does not independently resolve firearm purchase eligibility. Federally licensed firearm dealers must follow federal firearm transaction requirements, including ATF Form 4473. Marijuana use and other individual circumstances can affect eligibility.
Does a firearm background check reveal my Florida medical marijuana card?
A standard firearm background check is not designed to provide unrestricted access to Florida’s Medical Marijuana Use Registry. Patient information is protected by Florida confidentiality laws, although certain authorized disclosures are permitted.
Is my medical marijuana card protected under HIPAA?
Patient healthcare information receives protections under HIPAA where applicable, and Florida Statute 381.987 specifically protects certain Medical Marijuana Use Registry information. These protections have legal exceptions.
Can I use medical marijuana while carrying a gun?
Medical marijuana patients should not assume that lawful medical cannabis use permits handling or carrying firearms while impaired. Relevant safety laws and firearm restrictions still apply.
Did Nikki Fried say medical marijuana patients can have concealed carry permits?
Yes. While serving as Florida Commissioner of Agriculture, Nikki Fried publicly stated that she held both credentials and opposed automatically revoking concealed weapons licenses merely because someone possessed a medical marijuana card.
Don’t Let Misconceptions Stop You From Learning About Medical Marijuana
For many Florida residents, the concern about losing firearm rights is one of the reasons they hesitate to explore medical marijuana as a treatment option.
Unfortunately, misinformation has created confusion about the relationship between Florida medical marijuana cards, concealed weapons permits, firearm ownership, and federal gun laws.
The reality is more nuanced than simply saying someone must choose between medical marijuana and their Second Amendment rights.
Florida does not automatically require someone to surrender a concealed weapons permit or existing firearms solely because they receive a medical marijuana card.
Florida also permits concealed carry without a license for individuals who satisfy its eligibility requirements.
And important federal court decisions in 2025 and 2026 have strengthened constitutional protections involving marijuana use and firearm possession.
At the same time, firearm purchases, possession, and carrying remain subject to applicable laws.
At CannaCare Wellness, our goal is to help Florida patients access accurate information and make informed decisions about their healthcare.
Get Your Florida Medical Marijuana Card With CannaCare Wellness
Whether you’re considering medical marijuana for the first time or need to renew your existing physician certification, CannaCare Wellness is here to help.
Our experienced medical team assists qualifying Florida residents with medical marijuana evaluations, physician certifications, and renewals.
We believe obtaining accurate information about Florida’s medical marijuana program should be straightforward, convenient, and stress-free.
Ready to get started?
Visit CannaCareW.com or call 407-993-1420 to learn more or schedule your appointment.
Disclaimer: This article is provided for general educational purposes and does not constitute legal advice. Federal and Florida firearm laws are subject to change, and individual circumstances may affect firearm purchasing, possession, and carrying eligibility. CannaCare Wellness provides medical marijuana evaluations and certification services, not firearms eligibility determinations or legal representation. Consult a qualified firearms attorney for advice about your circumstances.