Medical Marijuana Users Face Gun Ownership Dilemma in Kentucky
As Kentucky becomes the latest state to legalize medical marijuana, a crucial caveat has been overlooked by many: under federal law, medical marijuana users are prohibited from owning firearms. This means that individuals who choose to use medical marijuana to alleviate their symptoms may have to make a difficult decision: give up their right to bear arms or face legal consequences.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and organizations like the U.S. Conceal Carry Association have emphasized that federal law prohibits medical marijuana users from possessing or purchasing firearms and ammunition, even if state law allows the drug’s use. This is because the federal government considers marijuana users to be “unlawful users of a controlled substance.”
The 9th Circuit Court of Appeals in San Francisco has upheld this rule, and the Federal Gun Control Act of 1968 and the Federal Omnibus Consolidated Appropriations Act of 1997 remain the controlling laws on the issue. Even if the Drug Enforcement Agency (DEA) reclassifies marijuana from Schedule I to Schedule III, users without a valid prescription could still be considered “unlawful” users by federal standards.
A letter sent to federal firearms licensees in 2011, still in effect today, instructs gun dealers not to sell firearms or ammunition to individuals who admit to marijuana use on Form 4473. This means that medical marijuana patients, even those with a valid prescription, may not be eligible to purchase firearms.
Kentucky lawmakers proposed a resolution earlier this year urging Congress to repeal federal restrictions on gun ownership for medical marijuana users, but the legislation did not pass. As a result, medical marijuana users in Kentucky are left with a difficult decision: choose between their medication and their right to bear arms. Those who are unsure about their eligibility are advised to consult with an attorney.
