Marijuana Use and Gun Possession: What You Need To Know

Technically, if you own a firearm and use marijuana for recreational or medicinal purposes, you are breaking federal law. It is unlawful for an unauthorized user to possess, ship, transport, or obtain a controlled substance, including marijuana, firearms or ammunition. It is also illegal to sell a firearm or ammunition to a person if the seller knows or has reasonable grounds to believe that that person is an illegal marijuana user. In this context, the unlawful use is governed by federal law. Therefore, any person who uses marijuana, even if it is legal under state law, is prohibited from possessing or buying firearms or ammunition.

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

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To purchase a firearm from a federally licensed dealer, a person must complete Form 4473 from the Bureau of Alcohol, Tobacco, and Firearms (ATF) asking if you are an “illegal marijuana user” or and includes: a warning that the recreational and medicinal use of cannabis under state law does not alter federal controlled substances law that makes the possession, manufacture, or distribution of marijuana illegal. Lying on the form about your marijuana use is a separate crime. You can also face increased criminal penalties if you own a firearm and marijuana at the same time.

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If you use medical marijuana, law enforcement agencies may be able to pull this information from a medical marijuana patient registry or state database to confirm your marijuana use. Several states, including Maryland, have attempted to protect medical marijuana patients by preventing state police from accessing the medical cannabis patient registry to verify that a firearm applicant is using medical marijuana. However, some states, such as Hawaii, explicitly allow law enforcement access to the state’s medical cannabis patient registry to see if a person can legally own a firearm.

RELATED: The Battle Between Gun Possession and Medical Marijuana in Conservative States

Regardless of whether a state grants access to patient databases, possession of firearms and ammunition remains illegal as a cannabis user at the federal level. Restricting access to medical marijuana databases simply makes it harder to determine if a gun applicant is using marijuana.

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Firearms remain out of the reach of medical cannabis patients and recreational users, even if your state has legalized cannabis for both purposes. States cannot change state requirements for gun possession or have authority to replace ATF Form 4473 guidance documents 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.

Emily Burns is a recognized expert on legal, regulatory and policy issues related to cannabis who has worked with a wide variety of individuals and organizations in both the public and private sectors. You can contact Emily at info @.gl-lg.com or (503) 488-5424.

This article originally appeared in the Green Light Law Group and was republished with permission.