While medical marijuana becomes legal in Kentucky today, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and organizations such as the United States Concealed Carry Association warn that under federal law, users will be forced to choose between the drug and gun possession.
According to the Concealed Carry Association, federal law prohibits medical marijuana users from possessing or purchasing firearms and ammunition, even if state law permits their use.
An individual cannot have both licenses. According to federal law, anyone who uses marijuana is using a controlled substance illegally. The 9th Circuit Court of Appeals in San Francisco upheld the rule.
Marijuana in all forms is illegal under federal law. Users of marijuana are prohibited. If you use marijuana, which is a federal offense, answering ‘no’ to question 11(e) on Form 4473, which is used to purchase a firearm, would be a lie.
The question is, “Are you an illegal user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” Warning: Marijuana use or possession is still illegal under federal law, regardless of whether it is legalized or decriminalized for medicinal or recreational purposes in your state.
The Federal Gun Control Act of 1968 and the Federal Omnibus Consolidated Appropriations Act of 1997 are the primary laws governing gun ownership and marijuana use.
According to the Reason Foundation, even if the federal Drug Enforcement Agency (DEA) moves marijuana from Schedule I to Schedule III in the Controlled Substances Act, as it appears to be doing, any user without a valid prescription may be considered a “unlawful” user under federal standards.
Even state-registered medical marijuana patients may be unsure because prescriptions are also federally regulated.
A letter sent to federal firearms licensees in 2011, which is still in effect, states that gun dealers cannot sell a gun or ammunition to those who admit to marijuana use on Form 4473.
Earlier this year, Kentucky lawmakers introduced Senate Concurrent Resolution 44, urging 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, the legislation was never acted on during the 2024 session.
If you have any questions about your eligibility, the Concealed Carry Association recommends that you consult with an attorney.
