Is It Fair That Federal Law Prohibits Medical Marijuana Users From Gun Ownership?

Firearm incidents involving alcohol or other substances rise by 87.5% when hunting season starts. This points to alcohol playing a major role in gun-related accidents. A Johns Hopkins report adds to this concern, revealing that about one in three gun homicide perpetrators were drunk before committing murder, and a quarter of gun suicide victims were drunk before ending their lives.

Yet, despite this clear link between alcohol and gun violence, there are no laws preventing alcoholics from owning firearms. Meanwhile, U.S. federal law still bars medical marijuana users from gun ownership. In this article, we’ll explore why that double standard exists and how medical marijuana patients can protect themselves and fight for their Second Amendment rights.

Who’s a Medical Marijuana User?

A medical marijuana (MMJ) user has a doctor’s prescription to treat or manage a diagnosed health condition with cannabis products. In most cases, MMJ patients register with their state’s medical marijuana program and have a medical marijuana card that allows them to legally buy, possess, and use cannabis from licensed dispensaries.

You could opt for medical marijuana to treat various issues, including chronic pain, anxiety, PTSD, epilepsy, or cancer-related symptoms. Cannabis has proven to be a safer alternative treatment for these conditions because it causes fewer and less severe side effects. But if MMJ is such a lifesaver, why does the law limit the rights of users?

What Current Federal Law Says About Medical Marijuana and Owning Guns

According to federal law, anyone who uses illegal drugs cannot own or purchase firearms. The Controlled Substances Act still classifies marijuana as a Schedule I controlled substance – a drug with a high potential for abuse and no accepted medical use.

Even though countless studies show that this classification is wildly inaccurate, it doesn’t change the fact that, under federal law, using marijuana makes you a criminal. It also doesn’t matter if you live in a state where MMJ is legal or even if you have a prescription. As long as your cannabis contains more than 0.3% THC, the federal government can bring the hammer down on you. And one of the ways it does that is by taking away your Second Amendment right to bear arms.

This sad reality has forced many medical marijuana patients to hide their MMJ use, so they don’t lose their right to own firearms. Others, like Neill Franklin, a retired law enforcement officer, simply don’t join medical marijuana programs. Instead, they self-medicate privately to avoid federal prosecution and the risk of losing their firearms.

States that Let Medical Marijuana Users Own Guns

Fortunately, several states provide safe haven to patients who rely on marijuana to stave off pain, treat ailments, and improve their quality of life. As of this writing, some of those states include:

•  Arizona
• Delaware
• Connecticut
• New Mexico
• Minnesota
• Mississippi
• Oklahoma
• Rhode Island
• Washington

Within these states, a doctor can prescribe cannabis products to treat your diagnosed condition, and you won’t lose your right to own firearms, thanks to state protection. But the federal government can still classify you as an unlawful drug user and deny your right to own a firearm.

After all, the Supremacy Clause of the U.S. Constitution (Article VI) establishes that federal law supersedes conflicting state and local laws. So, even if your state says you can use medical cannabis and own a gun, the federal government has the final say.

In 2023, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) even went out of its way to warn Americans that anyone using cannabis recreationally or medically cannot own firearms under federal law, regardless of their state of residence. The notice came in response to Minnesota’s move to stop sheriffs from denying gun permits to people who use recreational or medical cannabis.

READ: Where Is Cannabis Legal? A State-by-State Guide to U.S. Marijuana Laws

What Can You Do to Change Things

Do you think it’s unfair that you and other MMJ patients lose your gun rights while alcohol and even more harmful substance users don’t? If so, you can help push for change. Start by staying informed about current federal and state cannabis laws and how they intersect with the Second Amendment. Knowledge is power, and you need power to bring about the change you want.

Next, contact your state and federal representatives. Lawmakers pay attention when enough voters raise their voices. Write or call to demand that medical marijuana users receive fair treatment under gun ownership laws. Point out the hypocrisy of restricting responsible MMJ patients while allowing alcohol and opioid users full access to firearms.

You can also support reform organizations like NORML or the Marijuana Policy Project. These groups lobby for policy changes and provide updates on ongoing legal battles that affect medical marijuana patients.

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Finally, vote. Whether it’s for local officials, state representatives, or members of Congress, choose candidates who support sensible cannabis reform and patient rights. Consistent pressure from informed citizens like you can challenge outdated federal laws and bring fairness to all.

Home and Self-Defense Alternatives for MMJ Patients

72% of American firearm owners get a gun for protection. If you want one for the same reason, but can’t because you’re a medical marijuana patient, here are alternatives for home and self-defense:

Home Defense

Guard dogs make excellent home protectors. Their sharp senses and loud bark can scare off intruders long before they get close. And if they do get close, the teeth of a well-trained guard dog can immobilize an intruder long enough for you to escape or call for help.

You can also boost your home’s safety with motion-sensor lights, sturdy locks, and security cameras. If you need to fight off intruders, a baseball bat, machete, stun gun, or pepper spray could come in handy. Just be aware that laws around stun guns and pepper spray vary by state.

Do you live with your family? If so, a household member who isn’t an MMJ patient and meets all legal requirements can own a gun for home defense. This gives your home another layer of protection without putting yourself at risk.

Self Defense

As an MMJ patient, stick to non-lethal self-defense. Pepper spray, stun devices, and personal alarms work well, and taking basic self-defense classes boosts confidence.

Light at the End of the Tunnel

On October 20, 2025, the U.S. Supreme Court agreed to hear U.S. v. Hemani. This landmark case challenges the federal ban that blocks anyone using marijuana from possessing guns, even if it’s legal in their state.

The Supreme Court taking up the case is encouraging. It shows a willingness to reconsider how federal gun laws apply in a world where more states are legalizing cannabis. With the Court’s recent history of expanding Second Amendment protections, there’s a real possibility that MMJ patients could finally have a path to legally owning firearms without risking federal penalties.

While we don’t know how it will turn out, the Court’s involvement gives MMJ users reason to be optimistic. For the first time in years, there’s a clear signal that the laws blocking you and other cannabis users from owning guns might soon end. 

FAQs

Can you own a gun if you have a medical card?

Under federal law, you can’t own a gun if you have a medical marijuana card. However, some states, like Delaware and Arizona, allow qualified MMJ patients to own a gun within their jurisdiction.

Do you lose your gun rights if you have a medical card?

Yes. Under federal law, holding a medical marijuana card makes you an “unlawful drug user” and disqualifies you from owning firearms.

If my medical card expires, can I buy a gun?

Even after your MMJ card expires, the federal government will still consider you an unlawful drug user and ineligible for gun ownership. To regain your gun rights, you must completely stop using marijuana and be able to truthfully state that you’re no longer a user.

Can I own a gun if my wife has a medical card?

If your spouse has an MMJ card, you can legally own a gun if you don’t use marijuana or have an MMJ card of your own. You’ll also need to meet other eligibility requirements, like passing a background check and complying with all federal and state firearm laws.