Module 3 - Laws and Legal Liability

Firearms and Marijuana

An example of this this risk relates to the possession or use of marijuana while also being in the possession of a firearm. While this article focuses on State law there is also an interplay between Federal law and marijuana. As it relates to State law, Michigan gun owners should know that it is unlawful in Michigan to possess a firearm under the influence of alcohol, drugs or a combination of alcohol and drugs. There are two separate laws that apply to this scenario, one of which appears in the criminal code and one of which appears in the firearms statute. Both contain provisions applicable to the possession of a firearm under the influence of marijuana, but there are important differences as well.

Possession of Firearm Under the Influence of Marijuana Under the Criminal Code

The Michigan Penal Code provides, in section 750.237, that it unlawful to carry, have in your possession or under your control, or use in any manner, or to discharge a firearm while you are under the influence of alcohol, drugs or a combination of alcohol or drugs. It is equally unlawful to do any of these things while impaired by alcohol or drugs. A violation of this law is misdemeanor and will result in your CPL being suspended for a minimum 8 year period.

Possession of Firearm Under the Influence of Marijuana Under the Firearms Statute.

The Michigan Firearms Act also provides, in Michigan Complied Laws Section 28.425k, that you may not carry a concealed pistol while you are under the influence of alcoholic liquor or a controlled substance, or a combination of the two. A violation of this law is also a 93-day misdemeanor. However, it appears that a violation under this law will result in a possible lifetime revocation of a person's CPL.

What is "Under the Influence?''

Neither law contains a definition of under the influence. By way of comparison, under the motor vehicle code under the influence means that your ability to operate a motor vehicle was substantially lessened. It is not clear exactly what standard would apply to define under the influence for firearms.

It is also important to know that any criminal penalties will also subject to you to registration under the National Instant Criminal Background Check System (NICS). This may result in your also being prohibited from owning or carrying a gun.