Gun Rights & Cannabis
The Controlled Substances Act (CSA) lists marijuana as a Schedule I controlled substance and is considered illegal under federal laws. Consequently, cannabis users in states with legal marijuana do not have firearm ownership rights in the eyes of federal laws and are prohibited from possessing guns. Specifically, the Gun Control Act of 1968 (GCA), which is codified in U.S.C Section 922(g), bans illegal controlled substances consumers from owning guns. To corroborate the GCA, in 2011, the Bureau of Alcohol, Tobacco, and Explosives (ATF) publicized a set of instructions restraining federally licensed firearm dealers from selling guns to persons using cannabis for medicinal purposes. Medical cannabis patients are also considered unlawful users of controlled substances under the GCA.
GRAM Act
The Gun Rights And Marijuana (GRAM) Act, designated as H.R. 2772, is a bill introduced in the U.S. House of Representatives during the 118th Congress (2023-2024). Sponsored by Representative Brian J. Mast (R-FL-21) on April 20, 2023, the bill seeks to amend federal firearms regulations concerning individuals who use marijuana in accordance with state or tribal laws.
Who: The primary sponsor of the GRAM Act is Rep. Brian J. Mast, representing Florida's 21st congressional district. The bill has garnered support from co-sponsors, including Rep. Mark E. Amodei (R-NV-2) and Rep. David P. Joyce (R-OH-14). It is important to note that this bill was introduced and sponsored by Republicans. This marks a new moment in US politics in which Republican representatives are relaxing their positions on cannabis regulation in an effort to protect their more fundamental political positions, such as 2nd Amendment gun rights and the conservative vision of ‘freedom’.
What: The GRAM Act proposes to remove federal firearms-related restrictions on adults whose marijuana use is lawful under their respective state or tribal laws. Currently, federal law prohibits the sale or possession of firearms and ammunition to individuals who are unlawful users of or addicted to controlled substances, including marijuana. The GRAM Act aims to exempt individuals from this prohibition if their marijuana use complies with state or tribal regulations.
Why: The GRAM Act addresses the conflict between federal firearms regulations and state or tribal laws that have legalized marijuana use. As more states and tribal territories permit marijuana consumption, individuals who lawfully use marijuana under these jurisdictions face federal prohibitions on firearm ownership. The bill seeks to protect the Second Amendment rights of these individuals, ensuring they are not penalized at the federal level for actions deemed legal locally.
As of February 2, 2025, the Gun Rights And Marijuana (GRAM) Act (H.R. 2772) remains in the initial stages of the legislative process. The bill was referred to the House Committee on the Judiciary on the same day it was introduced. Since then, there have been no further actions or progress reported. Whether you are a gun advocate or not, it is hard to ignore the unfair practice of allowing gun sales to those not using cannabis while restricting cannabis consumers, whether it's for medicinal or recreational use.
SAFER Act + HOPE Act + GRAM Act
Washington, D.C. – Senate Majority Leader Chuck Schumer (D-NY) today released the following statement on the introduction of the SAFER Banking Act, historic legislation to give cannabis-related businesses access to critical banking infrastructure and allow them to pay their employees, protect their customers and ensure public safety:
“For too long, the federal government has continued to punish marijuana users and business owners – even when doing so is actively harmful to our country. This ‘war on drugs’ has turned into a war on people and communities – specifically people and communities of color – and a war on business.
“This agreement allows cannabis businesses that have traditionally operated in cash to finally have the opportunity to accept credit and debit cards, allowing them to grow their businesses, pay their employees, protect their customers and ensure public safety.
“The bipartisan deal that has come together on the SAFER Banking Act addresses some of the most significant barriers to finally ensuring cannabis businesses, particularly smaller and minority businesses including people of color, women, veterans, and tribal communities that have historically been disadvantaged, would have equal access to critical banking infrastructure. By moving state-licensed businesses into the mainstream, we can work to ensure unbanked small businesses of all backgrounds won’t be closed for political reasons or cut out of a growing industry.
“I intend to bring the SAFER Banking Act to the Senate floor with all due speed, I am committed to including the HOPE Act as well as the GRAM Act. I’ve long advocated for expungement of records for cannabis offenses, and with SAFER Banking moving through the committee in such a strong, bipartisan way, I believe now is the time to get it done.
“I want to thank Banking Committee Chairman Sherrod Brown and Ranking Member Tim Scott for the bipartisan markup announced for September 27th and for bringing this bill through regular order. I also want to thank Senators Merkley, Daines, Sinema, Lummis, and Reed for all their work to reach an agreement that has set the groundwork for this historic vote on cannabis legislation. I look forward to seeing the bill pass out of committee, so we can vote on it on the Senate floor.”
How The States Are Treating This
ARKANSAS
Legal History of Gun Ownership for MMJ Patients in Arkansas
The Arkansas Medical Marijuana Act of 2016, which legalized medical cannabis in the state, did not make provisions for firearm possession by registered medical marijuana patients. Hence, no medical cannabis user had the legal right to obtain a gun license or carry a firearm until 2023, when the state legislature passed House Bill 1784. The bill amended the state's law concerning concealed handguns and aimed to protect the rights of medical cannabis patients and caregivers to obtain licenses to carry concealed handguns.
ARIZONA
Arizona laws allow medical cannabis patients to own or possess guns. While marijuana remains illegal at the federal level, registered medical cannabis patients in Arizona are considered lawful users, and no state law prevents them from obtaining firearm licenses and purchasing guns. Medical marijuana users in the state are not listed as prohibited possessors of firearms under ARS 13-3101. Since Arizona law does not prohibit medical cannabis patients from possessing firearms, patients may own handguns and rifles as concealed carry or open carry.
TEXAS
While Texas does not issue medical cannabis cards, a person's participation in the Compassionate Use Program (CUP) does not make them ineligible to possess firearms per se. Even though the FBI has determined that various medical marijuana programs disqualify participants from carrying guns, the Texas Department of Public Safety (DPS) has a contrary opinion.
The DPS believes the FBI's determination does not apply to the state's low-THC cannabis CUP and will not prevent a patient from owning a gun, provided it determines that the patient can make sound judgments when handling firearms. However, the DPS agrees that patients' underlying conditions can disqualify them from possessing guns under certain circumstances. Notwithstanding, despite the DPS claims that participating in the CUP does not take away patients' right to own firearms, many have stayed away from guns in compliance with federal laws. Generally, Texas permits open carry and concealed carry of handguns.
Federal Judges Weigh In
The 9th Circuit Court of Appeals' ruling in the Wilson v. Lynch case affirmed the position of federal laws concerning the firearms rights of medical cannabis users. S. Rowan Wilson, who was a medical cannabis patient, filed a suit in a federal district court for being denied the right to purchase and possess a gun as specified in the Second Amendment. The firearm dealer who knew Wilson's status as a medical marijuana cardholder had referenced the 2011 ATF instructions as the reason for turning down the purchase attempt. At the instance of the ATF's motion, the federal district court dismissed Rowan's suit. Although Wilson appealed the lower court's ruling, the Court of Appeals upheld the federal district court's judgment in the end.
In another case, a federal judge ruled in 2023 that banning medical marijuana users from owning guns is unconstitutional. The case involved Jared Harrison of Oklahoma, charged with unlawful firearm possession after police found marijuana and a handgun in his car in 2022. U.S. District Judge Patrick Wyrick dismissed the indictment, stating that marijuana use does not align with historical grounds for restricting gun ownership under the Second Amendment.
Most Recently in August 2024, A U.S. appeals court ruled that Paola Connelly, a Texas woman who occasionally used marijuana, cannot be prosecuted for violating a federal ban on firearm possession by illegal drug users. The 5th U.S. Circuit Court of Appeals found the ban unconstitutional, citing the 2022 Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen, which requires gun laws to align with historical firearm regulations.
Judge Kurt Engelhardt stated that while the government can restrict gun access for those actively under the influence, there’s no historical precedent for disarming sober individuals. The court upheld the dismissal of Connelly’s gun possession charges but reinstated a charge related to transferring firearms to a drug user.
Connelly was indicted after a 2021 incident where police, responding to a shooting involving her husband, discovered marijuana paraphernalia and firearms in their home. The Department of Justice and Connelly’s attorney declined to comment.
Connelly was indicted after a 2021 incident where police, responding to a shooting involving her husband, discovered marijuana paraphernalia and firearms in their home. The Department of Justice and Connelly’s attorney declined to comment.
These decisions follow a 2022 Supreme Court ruling (New York State Rifle & Pistol Association v. Bruen) requiring gun restrictions to reflect historical precedent. Wyrick emphasized that marijuana use, legal under state law in many places, is not inherently violent or dangerous.
Public defender Laura Deskin praised the ruling as a victory for Americans’ gun rights. Research shows no clear link between medical marijuana use and violent crime, underscoring the argument that such bans unfairly penalize lawful users. This ruling could set an important precedent in future cases.
The need for honesty when completing the ATF Form 4473 in an attempt to purchase a gun from a licensed firearm dealer cannot be overemphasized. It is a federal offense punishable with up to 10 years imprisonment in federal prison to lie about cannabis use in question 21(f) on Form 4473 when purchasing a firearm.
Final Thoughts
Whether you support gun ownership or are completely against it, we should all agree that medicinal Cannabis users should not be discriminated against when it comes to federal gun laws. Current medical Card holders should not be forced to lie on their federal background checks in order to be granted the same rights as other citizens.
The intention of this article is not to encourage the use of guns, rather to highlight the clear discrimination that occurs against medical cannabis patients. We deserve the same rights granted to us by the federal government as other citizens, regardless of our medical conditions or treatments.
We also want to make it clear that guns are serious and should never be played with nor messed with, especially while under any intoxicating effects from cannabis or any other substance. Always practice extreme safety and caution.
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