What you should know about marijuana and gun ownership

Recently, several high-profile people have been convicted, which has sparked the conversation about guns and marijuana. Under federal law, felons are prohibited from owning guns. However, some states allow felons to own a gun after serving their sentence or a waiting period. But it's a process. About 32% of U.S. adults say they own a gun, and 44% say they live in a household with guns.

But nearly half of all Americans have tried weed. Of course, they haven't committed a crime, they've just consumed marijuana. Almost 85% believe it should be legal in some form. And over 50% of the population has access to legal cannabis.

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However, if you own a firearm and use marijuana, you are violating federal law. It is unlawful for an unauthorized user of a controlled substance, including marijuana, to possess, ship, transport, or receive firearms or ammunition. It is also unlawful to sell a firearm or ammunition to a person if the seller knows or has reason to believe that person is an unlawful user of marijuana. In this context, unlawful use is based on federal law, so any person who uses marijuana is prohibited from possessing or purchasing firearms or ammunition, even if it is legal under state law.

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This ban does not apply to users of hemp-derived cannabidiol (CBD) or hemp products, as these are not controlled substances under federal law thanks to the Agricultural Improvement Act of 2018, known as the 2018 Farm Bill.

To purchase a firearm from a state-licensed dealer, a person must complete the Bureau of Alcohol, Tobacco, and Firearms (ATF) Form 4473. It asks if you are an “unlawful user or addicted to marijuana.” It also includes a warning that recreational and medical use of cannabis under state law does not change the federal drug law that makes it illegal to possess, manufacture, or distribute marijuana. It is a separate crime to lie on the form about your marijuana use. You can also face increased penalties if you are in possession of a firearm and marijuana at the same time.

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If you use medical marijuana, police may be able to pull that information from a medical marijuana patient registry or state database to confirm your marijuana use. Several states, including Maryland, have attempted to protect patients who use medical marijuana by barring state police from accessing the medical cannabis patient registry to verify whether a firearm applicant uses medical marijuana. However, some states, such as Hawaii, specifically grant police access to the state medical cannabis patient registry to assess whether a person can legally own a firearm.

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Regardless of whether a state allows access to patient databases, it remains illegal to possess a firearm and ammunition at the federal level if you use cannabis. Restricting access to medical marijuana databases simply makes it more difficult to determine whether an applicant for a firearm uses marijuana.

Firearms remain out of reach for cannabis users, even if your state has legalized cannabis. States cannot change federal gun ownership requirements and have no authority to override the ATF Form 4473 guidelines that address marijuana use and gun ownership, so it's important to remember to stay away from these firearms until marijuana is fully legalized at the federal level.