New Cannabis Schedule Still a No-Go for Guns

We’ve gotten so many questions about Trump’s executive order to reclassify marijuana, so here are a few bullet points to bear in mind:
- Federal Law (18 USC 922(g)(3)) prohibits anyone who is an “unlawful user of or addicted to any controlled substance” from possessing, receiving or purchasing firearms or ammunition. This applies to all drugs—Schedule I, II, III, IV or V—as long as the use is federally prohibited.
- Marijuana remains on the controlled substance list, even if it changes to a Schedule III classification.
- Without a federal prescription (no such thing really), use, possession and distribution of marijuana is federally prohibited.
- When you buy a firearm from an FFL (Federal Firearms Licensee), you must complete the ATF 4473 form. Question 21.e: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” It includes a warning that federal law prohibits marijuana even if it is legal in the state.
- If you are a marijuana user, answering “No” (also known as lying) is perjury on a federal form (up to 10 years in prison). Answering “Yes” denies you the purchase.
- ATF has clearly and consistently stated that marijuana users—even medical users in legal states—are prohibited under federal law.
Medical research and use will advance when marijuana is reclassified as a Schedule III drug instead of a Schedule I. Recreational use remains federally prohibited and there is still no federal prescription for medical marijuana. (Medical marijuana cards issued by a state authority are not federally recognized.) Without an overhaul of the Gun Control Act by Congress, regular marijuana users remain prohibited from buying or possessing guns.
Bottom line: The upcoming marijuana schedule change does NOT impact gun purchases or possession. It is still federally illegal to have and use both.
