Marijuana and guns. The Trump administration has asked the U.S. Supreme Court to review limiting the rights of anyone under the regular influence of drugs. Though the administration called the restrictions “narrow”, it could affect the rights of marijuana users to own firearms.

The History

With so many states legalizing medical marijuana, there was bound to be some crossover from state and federal laws governing marijuana use. That’s the reason this is even being reviewed by the Supreme Court. Here’s a little history…

A man in Texas was charged with a felony for violating the federal guns-and-drugs law because the FBI reported having found a gun in his home, and he also acknowledged being a regular marijuana user. An appeals court struck down the charge, stating that he was not found using marijuana while simultaneously using the gun. As you can see, current laws can get confusing and leave some pretty big gaps. 

Now, enter the Trump Administration. They asked the court to reinstate a case against Ali Danial Hemani. His lawyers got the felony charge tossed out after the 5th U.S. Circuit Court of Appeals found that the blanket ban is unconstitutional under the Supreme Court’s expanded view of gun rights. However, the appellate judges found it could still be used against people accused of being high and armed at the same time. Hemani’s attorneys argue the broadly written law puts millions of people at risk of technical violations since at least 20% of Americans have tried pot, according to government health data. About half of the states legalized recreational marijuana, but it’s still illegal under federal law.

Now the debate really gets heated! Because we are taking Federal law and not just State law, other states get involved. The Minnesota Gun Owners Association publishes a statement, “Early American laws only punished carrying a firearm while intoxicated, not for unarmed use or possession of substances. The Supreme Court’s review will decide if that history supports disarming people for cannabis use alone. This issue is particularly ripe as states like Minnesota have legalized recreational cannabis use, and the federal government does not prosecute individuals for personal use.”

But, there’s more! Federal gun laws loosened in 2022 under a more “gun-friendly” Republican majority. In 2022, the conservative majority found that the Second Amendment generally gives people the right to carry guns in public for self-defense and that any firearm restrictions must have a strong grounding in the nation’s history. The landmark 2022 ruling led to a cascade of challenges to firearm laws around the country, though the justices have since upheld a different federal law intended to protect victims of domestic violence by barring guns from people under restraining orders.

State and Federal Law

• Federal ban: The Gun Control Act of 1968 prohibits any “unlawful user of or addicted to any controlled substance” from owning firearms. Because the federal government still classifies marijuana as a Schedule I controlled substance, this prohibition applies to marijuana users, including those with a state-issued medical card.

• ATF Form 4473: To purchase a gun from a licensed dealer, you must complete the Firearms Transaction Record. Question 21f on this form asks if you are an unlawful user of marijuana, and a “yes” answer results in denial of the purchase.

• No federal registry: There is no national registry of medical marijuana cardholders that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) can access. However, providing false information on the federal form is perjury, a felony punishable by up to 10 years in prison. 

What You Need to Know

Federal law prohibits anyone considered a regular drug user from owning a firearm, as well as transporting any type of marijuana across state lines. However, state laws concerning medical marijuana and gun ownership vary. 

• Louisiana: The state of Louisiana has no laws specific to medical marijuana patients and gun ownership, thereby creating a gap for federal law to be applied. Though there is little to no investigation into a Louisiana resident’s current gun ownership, and there is not a medical marijuana registry in Louisiana to allow tracking, owning a gun can expose patients to the possibility of legal charges if weapons are found during the investigation of another crime. Regardless of the lack of direction for medical marijuana patients provided by the state of  Louisiana, the Supreme Court decision could clear up a lot of confusion for medical marijuana users.

• Mississippi State-level protection: The Mississippi Medical Cannabis Act explicitly protects the gun ownership rights of licensed patients. This means the state will not revoke your gun license solely for having a medical marijuana card.

• Texas DPS statement: The Texas Department of Public Safety (DPS) has stated that participation in the state’s CUP program, which allows for low-THC cannabis products, does not automatically disqualify a person from possessing a firearm or obtaining a Texas License to Carry. However, this does not override the federal prohibition, which takes precedence.

New firearm purchases from a federally licensed dealer anywhere in the United States require the purchaser to complete ATF Form 4473. Question 21e on the form specifically asks if you are an unlawful user of marijuana. A truthful “yes” answer will lead to a denied purchase. Lying on this federal form is a felony punishable by up to 10 years in prison.

Arguments will probably take place early in 2026, with a decision likely by early summer.

Summary

Although it is federally illegal to own firearms if there is regular use of any illegal drug, medical marijuana that is legal under state laws makes the Federal law unclear and leaves gaps in the enforcement of Federal laws on a state level. The U.S. Supreme Court has agreed to hear arguments (likely in early 2026) to change the law by either providing a complete ban on gun ownership for users of any federally illegal drug. As an alternative to a ban, the court could decide to make gun ownership legal for those in a legal state program. That would allow medical marijuana patients to own a gun but also be compliant with state and federal laws. 

To voice your opinion, contact your elected federal officials, including your U.S. Representative and Senators, as they have the power to introduce and vote on legislation.

If you’re ready to start your healing journey with medical marijuana, click the button below to get started.