Marijuana users still cannot purchase a gun in Virginia

RICHMOND, Virginia – Although recreational marijuana use became legal in Virginia on July 1, and it is legal to own a firearm, Virginians cannot do both.

“When I smell it I know you are using it, it is my decision not to sell it to you,” said Gene Landry, owner of the Old Town Silver Exchange in Henrico.

There is a sign in front of the pawn shop that says “If you smell of marijuana or alcohol, we won’t sell you a gun”.

Landry said he posted the signs back in the spring but has noticed more confusion since marijuana became legal in the state.

“As of July 1st, everyone thinks it’s okay. They say, ‘Oh no, it’s legal. You can do that.’ Well, it really isn’t, “Landry said. “It’s still federal law. You can’t buy a gun if you smell like marijuana or alcohol.”

This wasn’t just the case for those trying to buy a gun while under the influence of marijuana. Also, federal law still prohibited those who owned them from acquiring a firearm.

“If you choose to drink marijuana, firearms are out of the question for you,” said Sean Banks, CEO of the Virginia Tactical Shooting Academy.

Banks said those who want to buy a firearm will need to fill out a federal form from ATF.

The form asks if you are an illegal user or addicted to marijuana, and then warns that using or possessing the drug will remain illegal under federal law, regardless of whether it is legalized in the state.

“If they answer this question that they do or want to, we can’t legally sell them a gun,” Banks said. “Whether it’s legal in the state of Virginia doesn’t affect federal law.”

Banks said this was also the case for medical marijuana cardholders, who had to turn customers away because of it.

“You can’t own or buy a gun or buy a gun if you choose recreational or medical marijuana. And believe it or not, you know, even with that in mind, we’ve even received some rejections trying to remind people and educate people. “

He said that this means current or potential gun owners and marijuana users must make choices.

“There are some who use marijuana for its benefits, be it medical or anxiety or stress-related or something,” Banks said. “And there are people like me who would rather keep the right to protect me and my family, you know? So it really depends on the individual. “