The Supreme Court, Cannabis, and Your Gun Rights

 

Can Medical Marijuana card holders own guns? Yes. After a new ruling, all cannabis users can legally own guns.

 

Hi! I trust all is well!!!

 

We have been getting asked more about cannabis and gun rights. I thought I would share some updated information on this topic. We are not advocating for firearms in any way, just sharing information. However, I do feel that cannabis users should not face any sort of red tape when it comes to owning, or purchasing a firearm.

 

For decades, federal law treated cannabis users and gun owners as a criminal combination. But thanks to a brand-new Supreme Court ruling (United States v. Hemani) and recent changes to federal drug scheduling, the rules of the game have completely changed.

 

 

Here is exactly what this means:

 

 

1. The Blanket Ban is Dead


Previously, federal law made it an automatic felony for anyone who used marijuana to own a firearm. The Supreme Court just struck down that automatic, categorical ban. The federal government can no longer prosecute you simply for being a regular cannabis user or holding a medical card while owning a gun.

 

 

2. Medical Cannabis is Now "Federally Lawful"


Because the Department of Justice officially reclassified medical marijuana from Schedule I to Schedule III, it is now legally recognized as a prescription medication. If you hold a valid medical card, federal firearms law no longer considers you an "unlawful user."

 

 

3. The Catch: Buying from a Gun Shop Right Now


While your rights are now legally protected, the paperwork at the gun counter is still catching up.

 

  • The Background Check Form (Form 4473): The ATF is currently rewriting Form 4473 to remove the old warnings targeting medical cardholders.

 

  • The Waiting Game: Until gun shops officially receive and deploy this updated form, using the old version at a retail store can still cause an administrative headache. If you plan to buy a new firearm from a licensed dealer, it is best to wait until they have the finalized, new ATF paperwork on hand.

 

 

Here are some tips to ensure you are safe

 

  • Never Mix the Two: You still cannot carry or operate a firearm while actively under the influence of cannabis. Doing so remains illegal under state and local laws, just like drinking and carrying.

 

  • Individual Safety Matters: The government can still intervene if they have specific, individualized proof that someone's substance abuse makes them an active danger to themselves or others.

 

Want to Read the Fine Print?

 

We believe in staying informed. You can review the direct legal sources and articles detailing these updates below for full clarity:

 

 

 

 

Sending much love to you!!!

 

-David Yrigoyen

Natural Healing

 

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