Across the United States, many people are turning to medical marijuana to manage pain, anxiety, insomnia, and chronic health conditions. At the same time, millions of Americans legally own firearms for personal protection or hunting. But what happens when these two legal rights overlap?
While dozens of states have legalized cannabis for medical use, federal law hasn’t kept pace, and that gap has created confusion for responsible gun owners.
So, can you own a gun with medical marijuana card? Let’s discuss what every medical marijuana cardholder should know before purchasing or keeping a firearm.
Can You Own a Gun With a Medical Card? Here’s What the Law Says
Under current federal law, holding a medical marijuana card disqualifies you from legally owning or purchasing a firearm.
Marijuana remains classified as a Schedule I controlled substance under the Controlled Substances Act. That means even if your state allows medical marijuana, federal law holds the ultimate authority over gun ownership.
The Gun Control Act of 1968 specifically prohibits anyone who is an “unlawful user of or addicted to any controlled substance” from acquiring firearms. Since marijuana is still illegal at the federal level, being a medical cannabis patient falls under that prohibited category.
So, even if your state supports medical marijuana use, those state protections don’t shield you from federal firearm restrictions.
Why Marijuana Use Disqualifies You from Gun Ownership – ATF Form 4473
When you attempt to buy a firearm through a licensed dealer, you’re required to complete ATF Form 4473, also known as the Firearms Transaction Record.
A critical component of this form is Question 21(f) (or similarly worded), which asks: “Are you an unlawful user of, or addicted to, marijuana or any controlled substance?”
A “yes” response automatically disqualifies you from purchasing a firearm. However, providing a false “no” while using medical marijuana constitutes perjury, a severe offense under federal law.
Convictions for falsifying this form can lead to heavy fines, imprisonment of up to ten years, and the permanent loss of firearm rights.
In the worst-case scenario, your medical marijuana use could later be used as evidence against you in court if you face firearm-related charges.
How States Handle Gun Ownership for Medical Marijuana Patients
State laws differ across the country. Some states protect medical marijuana cardholders’ gun rights, while others follow strict federal rules.
Here’s a quick look at how major states handle medical marijuana and gun ownership:
State | State-Level Permission / Protection |
Florida | No legal protection; patients are still prohibited from owning guns under federal law. |
Oklahoma | State law protects cardholders’ right to own and carry firearms. |
Mississippi | State law allows medical marijuana users to own guns legally. |
Texas | Mixed rules; state permits to carry licenses, but federal bans still apply. |
Pennsylvania | No protection; medical cardholders cannot own or buy guns. |
Ohio | Follows federal law; gun ownership is not allowed for marijuana users. |
New York | No state protection; cardholders are prohibited from firearm ownership. |
What Happens If You Already Own a Gun? Legal Risks You Should Know
If you already own a firearm and later obtain a medical marijuana card, federal law classifies you as a “prohibited person” the moment you become a cannabis user.
Under 18 U.S.C. § 922(g)(3), possessing a firearm while using marijuana is a federal offense.
Here are the potential risks:
- Revocation of your firearm license
- Criminal charges if your marijuana use becomes known to law enforcement
- Serious legal complications if you’re ever involved in a shooting or investigation. Your cannabis use could be used against you.
Can You Own a Gun After Your Medical Card Expires?
You can own a gun after your medical card expires, but with a crucial condition: you must no longer use cannabis.
The ATF form asks about current use. If your card expires and you genuinely stop using medical marijuana, you can truthfully answer “no” on Form 4473 and proceed with a legal firearm purchase.
However, if you renew your card or continue using cannabis, you again fall under the federal prohibition. In short, both your timing and actual behavior determine your eligibility.
Could Federal Law Change Soon? The Future of Gun Rights for Marijuana Users
There is momentum for change. In 2023, HHS recommended reclassifying marijuana from Schedule I to Schedule III, which would acknowledge medical value and ease restrictions. If accepted by the DEA, users might no longer be automatically disqualified from owning firearms.
At the same time, some courts are questioning whether banning gun ownership for marijuana users violates their constitutional right to keep and bear arms.
While these developments seem promising for patients and gun owners alike, nothing has changed yet. The medical marijuana card gun ownership federal law prohibition remains in full effect for now.
Conclusion
Right now, you cannot legally own a gun if you have a medical marijuana card under federal law. The primary barrier is federal prohibition reinforced through ATF Form 4473. State laws that appear to protect you cannot override federal enforcement.
If your card expires and you stop using cannabis, you may regain eligibility. However, renewing your card or continuing use immediately reinstates the federal restriction.
The situation may change if marijuana is reclassified or if ongoing court challenges succeed, but for now, the federal restrictions still apply.
If you have or plan to get a medical marijuana card, consult a legal expert experienced in both cannabis and firearm law. Make sure you fully understand your rights before taking any action.
