Medical marijuana users cannot own guns, law says; under federal law, users will have to choose

By Tom Latek
Kentucky Today

While medical marijuana becomes legal in Kentucky today, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and organizations such as the U.S. Conceal Carry Association warn that under federal law, users will have to choose between the drug and gun ownership.

The Conceal Carry Association states federal law prohibits medical marijuana users from possessing or buying firearms and ammunition, even if state law allows the drug’s use. An individual can’t have both licenses. Under federal law, any marijuana user is an unlawful user of a controlled substance. The 9th Circuit Court of Appeals in San Francisco has upheld this rule.

Marijuana in any form is illegal under federal law. Users of marijuana are prohibited persons. Checking ‘no’ on question 11(e) on Form 4473, which is used for a gun purchase, would be a lie if you use marijuana, which is a federal offense.

That question reads, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”

The Federal Gun Control Act of 1968 and the Federal Omnibus Consolidated Appropriations Act of 1997, are the controlling law on the issue of gun ownership and marijuana use.

The Reason Foundation notes that even if the federal Drug Enforcement Agency (DEA) moves marijuana from Schedule I to Schedule III in the Controlled Substances Act, as it seems poised to do, any user without a valid prescription could be considered an “unlawful” user by federal standards. Even state-registered medical marijuana patients may not be clear because prescriptions are also federally regulated.

A letter sent to federal firearms licensees in 2011, which is still in force, tells gun dealers that they cannot sell a gun or ammunition to those who admit to marijuana use on Form 4473.

Earlier this year, Kentucky lawmakers proposed Senate Concurrent Resolution 44, urging the United States Congress to “repeal federal restrictions that prohibit the possession and use of firearms by individuals who use marijuana in compliance with state or tribal laws.” However, that legislation was neverf acted upon during the 2024 session.

The Concealed Carry Association says to consult with an attorney if you have any questions about your eligibility.