Under federal law, marijuana remains a Schedule I controlled substance, making its use illegal at the federal level—even when state law permits medical or recreational use. READ MOE HERE: Clark Hill “The Intersection Between Marijuana and the 2nd Amendment”). READ MORE: Wikipedia
The Gun Control Act of 1968, as amended by the Brady Act, prohibits the sale, possession, and transfer of firearms by certain “prohibited persons.” One such category is any individual who is an “unlawful user of or addicted to a controlled substance” (18 U.S.C. § 922(g)(3)). READ MORE: Wikipedia
Because federal law treats anyone using marijuana—even lawfully with a state medical marijuana card—as an unlawful drug user, possession or purchase of firearms and ammunition is federally prohibited for that person. READ MORE: USCCA
Key Take‑away
Federal law does not distinguish medical users: medical card holders are explicitly prohibited from possessing firearms under 922(g)(3).
Court Challenges and Second Amendment Issues
Gonzales v. Raich (2005)
The U.S. Supreme Court confirmed that Congress may prohibit marijuana use, even when a state decriminalizes it for medical use—from a federal commerce clause standpoint. READ MORE: Wikipedia
Recent Circuit Decisions
- In 2025, a First Circuit decision reaffirmed Raich, rejecting challenges to federal marijuana prohibition even in states with legalized cannabis. READ MORE: Reuters
- In the Fifth Circuit (Texas), an appeals court ruled in 2024 that non‑current marijuana users may not be disarmed solely based on past lawful usage, citing the Bruen Second Amendment standard. READ MORE: Reuters
- A federal judge in Oklahoma (2023) similarly held that banning firearm possession by past marijuana users was historically unjustified, though the ruling is not binding nationwide. READ MORE: AP News
However, none of these decisions currently override the federal statutory prohibition in 18 U.S.C. § 922(g)(3), which remains law until changed by legislation.
Concealed‑Carry (CCW) Licensing vs. Medical Card Holders
Because federal law prohibits any marijuana user—including medical cannabis card holders—from possessing firearms or ammo, the ATF and federal statutes regard medical marijuana users as prohibited persons, even if state law permits use. READ MORE: USCCA, USCCA
CCW Licenses
Concealed‑carry licensing is issued at the state level, but applicants must still pass federal background checks, and must complete ATF Form 4473, which asks whether the applicant uses illegal drugs, including marijuana.
- If the person admits to medical or recreational marijuana use, they are considered a prohibited person under federal law and cannot legally receive or retain a CCW license.
- If they lie and deny drug use, they risk federal perjury charges—although prosecutions are rare, they do occasionally happen (e.g. Hunter Biden). READ MORE: Clark Hill
Many state-level attorneys and legal commentators also affirm that jurisdictions will typically deny or revoke CCW licenses if the applicant possesses an active medical marijuana card, even in fully legal medical‑cannabis states. READ MORE: Reddit, Campbell Law Firm
Mutual exclusivity
- You cannot legally have both: a state medical marijuana card and a lawful firearm possession/CCW license under current federal law.
- These rights are effectively mutually exclusive, because holding one disqualifies the other federally.
State Regulations and Variations
While federal law is clear and preempts, some states have attempted to limit discrimination against medical marijuana users, such as for certain employment or housing rights. A few states (e.g. Mississippi) explicitly say medical card‑holders may still own firearms under state law—but at no point does this override federal prohibition. READ MORE: Campbell Law Firm
Even if a state issues or allows CCW licenses to card‑holders, the firearm sale or possession remains illegal under federal law and could provoke federal enforcement.
Proposed Reform: The GRAM Act
A bipartisan bill introduced in Congress in 2023, the GRAM Act (Gun Rights and Marijuana Act), would exempt individuals whose marijuana use is lawful under state law from being categorized as “unlawful users” under 922(g)(3). READ MORE: Congress.gov
If passed, the bill would formally allow state‑legal marijuana users to possess firearms, though they would still be subject to standard background‑check restrictions (felony convictions, domestic violence, mental health, etc.). As of now, this has not become law.
Summary Table
| Situation | Federal Law Permits Firearms? | Effects on CCW License | Notes |
|---|---|---|---|
| Medical marijuana card holder (active use) | ❌ Prohibited (18 U.S.C. § 922(g)(3)) | ❌ Background check/NICS denies | ATF official rulings confirm prohibition (Wikipedia) |
| Past marijuana user (no current use) | ⚠ Court splits (Fifth and Oklahoma decisions) | ⚠ Case-by-case, but official category still covers past users | Legal uncertainty; federal statute remains |
| Lawful adult without marijuana use | ✅ Permitted if federally eligible | ✅ CCW licensing possible under state law | Subject to state-specific rules (e.g. shall‑issue vs may‑issue) |
Legal Implications & Practical Advice
- Federal supremacy: Even in states with robust medical cannabis programs, federal law governs firearms. A state medical cannabis card does not create an exception.
- Honesty matters: Misrepresenting marijuana use on ATF Form 4473 is federal perjury. Though prosecutions are rare, the risk is real—see recent prosecutions including Hunter Biden. READ MORE: AP News
- Stay informed: Proposed legislation like the GRAM Act may change the legal landscape, but as of July 2025 nothing has passed.
- State-level CCW licensing is not enough: Even if a state approves your CCW license, federal law may still render your firearm possession illegal.
In Summary
Currently, under federal law:
- Anyone using marijuana—including with a valid medical marijuana card—is automatically considered an “unlawful user of a controlled substance” and is prohibited from possessing, receiving, or purchasing firearms or ammunition under 18 U.S.C. § 922(g)(3). READ MORE: USCCA
- Holding a medical marijuana card and a legitimate CCW license are mutually exclusive under federal law: one disqualifies the ability to hold the other.
- Although some courts have questioned the federal prohibition as incompatible with recent Second Amendment doctrine (Bruen), no court has yet invalidated the statute nationwide, and federal enforcement and case law continue to uphold it.
Until laws like the GRAM Act become official, individuals should be aware that medical cannabis use and lawful firearms possession cannot legally co‑exist under U.S. federal law—even if a state permits both independently.
Sources
- Federal firearms “prohibited persons” and controlled substances (§ 922(g)(3)). READ MORE: AP News
- ATF guidance regarding medical marijuana users. READ MORE: USCCA
- Court of Appeals and Supreme Court decisions: Raich, Bruen and related cases. READ MORE: Wikipedia
- Legal commentary on concealed‑carry and medical cannabis compatibility. READ MORE: Reddit
- GRAM Act legislative proposal. READ MORE: Congress.gov