Can You Own a Gun If You Use Medical Cannabis? What Seniors Need to Know
Understanding the Legal Battle Between Gun Rights and Medical Cannabis for Seniors
The intersection of Second Amendment rights and cannabis use is a legal minefield, and many seniors may not realize that using medical cannabis could impact their right to own a firearm. Even if you live in a state where cannabis is fully legal, federal law still classifies marijuana as an illegal substance, meaning cannabis users—medical or otherwise—are prohibited from possessing firearms.
However, recent court cases are challenging this restriction, and the legal landscape is shifting. If you are a gun owner who also uses medical marijuana for pain relief, sleep, or anxiety, here is what you need to know.
Federal Law Prohibits Cannabis Users from Owning Guns
Under the Gun Control Act of 1968, it is illegal for “unlawful users” of controlled substances—including marijuana—to own, buy, or possess firearms. Because cannabis is still federally classified as a Schedule I drug, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) considers anyone who uses it to be an unlawful user.
This means:
Even if you have a state-issued medical cannabis card, you are still federally prohibited from owning or purchasing a firearm.
If you fill out ATF Form 4473 (the federal background check form for gun purchases), you are required to disclose any cannabis use. Lying on this form is a felony offense.
Gun shops (FFLs) are legally required to deny a firearm sale if they know the buyer is a cannabis user.
For decades, this law has gone unchallenged, but new lawsuits are beginning to push back.
Recent Court Rulings Are Challenging the Law
Despite longstanding federal restrictions, courts in Oklahoma and Texas have recently ruled that the blanket ban on cannabis users owning guns is unconstitutional.
Oklahoma Ruling (2023): A federal judge ruled that using marijuana does not justify stripping someone of their Second Amendment rights. This case set a precedent that marijuana use alone does not mean a person is a danger to society.
Fifth Circuit Court of Appeals (2024): A Texas woman won a case after being charged with gun possession while using cannabis. The court found no historical precedent for disarming a citizen based solely on cannabis use.
While these cases signal a shift in legal thinking, they only apply to their respective jurisdictions and have not changed federal law yet.
Which States Are Most Affected?
Since federal law applies nationwide, this issue affects all 50 states. However, it is a bigger concern in some places than others.
States Where This Is a Major Issue
Legal Cannabis States: If your state has medical or recreational cannabis, this conflict is unavoidable.
Gun-Friendly States: In places with strong gun rights protections, the legal battle is heating up.
Examples include Texas, Oklahoma, Missouri, Montana, Wyoming, Arizona, Florida, and Alaska.
States That Are Challenging the Federal Law
Oklahoma and Texas have already seen court victories for gun-owning cannabis users.
Mississippi and Florida currently have lawsuits pending on this issue.
States Where This Is Less of an Issue
States with strict gun laws, such as California, New York, New Jersey, and Illinois, already make it difficult to obtain a firearm.
States that fully prohibit cannabis, such as Idaho, Nebraska, and Kansas, are more concerned with cannabis possession itself than gun ownership.
What Can Seniors Do to Protect Themselves?
If you are a gun-owning cannabis user, there are steps you can take to navigate this legal gray area.
Stay Informed: Laws are changing, and court cases could reshape the legal landscape. Keep up with legal updates in your state.
Consult a Lawyer: If you own a firearm and use medical cannabis, it is wise to speak with a gun law attorney to understand your risks.
Be Honest on ATF Forms: Lying on a federal gun purchase form about cannabis use can result in a felony conviction.
Follow Federal Laws Until They Change: Even if courts rule in favor of cannabis users, the ATF still enforces the gun ban. Proceed with caution.
Will Federal Legalization Solve This Issue?
If cannabis is federally legalized, this conflict could disappear entirely. But until then, firearm owners who use cannabis must navigate a complicated legal situation.
Final Thoughts
Many seniors rely on medical cannabis for conditions like chronic pain, arthritis, and sleep issues, but they may not realize it could jeopardize their right to own a firearm. As court cases challenge federal law, changes may be coming, but for now, cannabis users who own guns must tread carefully.
Disclaimer: The information provided in this blog is for educational purposes only and is not a substitute for professional legal advice. Always consult an attorney before making any decisions regarding firearms or cannabis use.