Cannabis FAQ: Can you own a gun with a medical card?

In most states, having a medical cannabis card comes with many benefits, like tax savings and higher possession limits.

But if you’re thinking about owning a gun, there’s one drawback: federal law bars anyone who is an “unlawful user” of a controlled substance from having a gun, and the federal government has treated medical cannabis cardholders as unlawful users. However, the enforcement of this law is less clear, court rulings and rule changes in 2026 have left the question unresolved, and some states have introduced protections for gun owners.

Can you own a gun with a medical card? 

The simple answer: Under federal law as it has been applied for decades, no. But in 2026 the question became unresolved.

2026 update: Three things changed this year, and none of them makes it clearly legal for a medical cardholder to own a gun. In January, the ATF narrowed its definition of an “unlawful user” so that it now requires evidence that a person regularly uses a controlled substance unlawfully. In April, state-licensed medical marijuana moved from Schedule 1 to Schedule III, but a state medical card is still not a federal prescription. And in June, in United States v. Hemani, all nine Supreme Court justices agreed that prosecuting one man who used marijuana a few times a week for owning a gun was inconsistent with the Second Amendment, while the Court called its decision narrow. The ATF has also proposed a revised Form 4473, but that proposal is not final. Until Congress, the ATF or the courts settle it, treat the question as unresolved.

Despite state-level legalization of cannabis, the federal government still treats it as a controlled substance. Most marijuana remains a Schedule 1 drug, in the same category as heroin and ecstasy. Since April 28, 2026, state-licensed medical marijuana has been in Schedule III, but using it without a federal prescription is still unlawful under federal law. That is why the federal government has treated medical cannabis cardholders as unable to legally purchase or possess a firearm.

If you already own a gun, the federal ban covers possessing a firearm, not just buying one. Some state agencies also treat cardholders as federally prohibited. The Pennsylvania State Police, for example, say that having a medical marijuana card and using medical marijuana can result in a federal firearms prohibition.

However, gun laws and cannabis laws vary from state to state, so things can get confusing.

The history of cannabis and gun ownership laws

Federal laws on gun ownership and medical cannabis span decades.

Since the Gun Control Act of 1968, owning guns or ammunition has been prohibited if you use any controlled substance.

Even though states started legalizing medical cannabis in 1996, the federal law has continued to maintain its stance on medical cannabis and gun ownership.

Drug scheduling is decided by the Department of Justice and the Drug Enforcement Administration (DEA), after a scientific and medical review from the Department of Health and Human Services, which includes the FDA. For decades, all cannabis was Schedule 1, the category for drugs with no accepted medical use and a high potential for abuse. Since April 28, 2026, state-licensed medical marijuana has been in Schedule III, while all other marijuana remains Schedule 1.

In 2011, The Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) sent an open letter to all licensed firearms dealers stating that people cannot purchase a gun if they have an active medical cannabis card.

But this regulation has faced some opposition in recent years.

In 2016, a medical cardholder tried to challenge the ATF ruling (Wilson vs. Lynch). But the 9th U.S. Circuit Court of Appeals maintained that prohibiting the sale of firearms to medical cannabis cardholders did not violate their second amendment rights.

Still, some states, like Missouri and Oklahoma, have issued their own laws to protect the right to own guns for their residents.

In states that allow medical cardholders to purchase firearms, you won’t be penalized by the state if you’re caught in possession of both a gun and medical cannabis. However, you’re not protected on a federal level. That’s because federal law supersedes state law, regardless of your state’s stance on gun ownership and medical cannabis use.

“The ATF has repeatedly clarified that this prohibition applies to all cannabis users, including those who possess medical cannabis cards issued under state law,” said Zach Levin, Associate Counsel at Leafwell and cannabis law expert.

“Violations of federal firearm laws can result in severe penalties, including imprisonment for up to 10 years, substantial fines, and permanent revocation of gun ownership rights.”

Levin added, “As the legal landscape continues to evolve, medical cannabis cardholders must remain informed of their rights, understand the potential legal risks, and consider consulting with qualified legal counsel before attempting to purchase or possess firearms.”

Do any states protect the right to own a gun?

Some states do protect your right to own a gun as a medical cannabis cardholder:

• Arkansas: Medical cardholders and state-licensed caregivers may legally purchase and carry a concealed gun.
• Illinois: Medical cardholders may legally purchase a gun.
• Massachusetts: Medical cardholders may legally purchase and carry a gun if they have obtained a permit to do so from the state.
• Missouri: Medical cardholders may legally purchase and carry a gun.
• Oklahoma: Medical cardholders may legally purchase and carry a gun.
• Texas: People permitted to use low-THC products through the state’s Compassionate Use Program (CUP) may legally purchase and carry a gun.
• Utah: Medical cardholders may legally purchase and carry a gun.

That said, even if your state protects gun ownership, federal law has treated owning a gun as a medical cannabis cardholder as a crime, and the 2026 changes described above have not settled the question in cardholders’ favor.

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

Even in states where gun ownership is protected for medical cannabis cardholders, you’re still at risk of losing your gun rights under federal law.

But whether this law is routinely enforced is unclear.

To purchase a gun in the U.S., you must fill out a Firearms Transaction Record form provided by the ATF.

This form includes question 21f, which asks if you use any controlled substances, including cannabis. If you’re a medical cardholder and you check “no,” you’re technically committing perjury by providing falsified information.

However, there is no federal database that keeps track of medical cannabis cardholders. Therefore, it’s unlikely that someone at the federal level would find out unprompted that the information you provided is false.

But should you commit a gun-related crime, the fact that you provided falsified information could lead to criminal charges for committing perjury.

Does the ATF know if you have a medical card?

State medical cannabis registries are confidential under state law, and access is limited to the people each state’s law names. In Florida, for example, that list includes doctors, dispensaries and health regulators, plus law enforcement agencies investigating a marijuana case where the person claims a medical exemption. Confidentiality isn’t a legal defense, though: knowingly giving a false answer on the federal gun purchase form is a federal crime, whether or not anyone checks.

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

Yes. You can legally own a gun if your spouse or any other member of your household has a medical cannabis card. You just can’t be a cardholder yourself.

According to the law, the gun must be locked up when not in use, and the cardholder cannot access it.

Similarly, if your spouse or another member of your household owns a gun, you can still apply for a medical cannabis card, as long as you don’t have access to their gun.

Other members of your household have no impact on your right to own a gun or your right to apply for a medical cannabis card.

Gun rights for medical cannabis caregivers

No states prohibit licensed caregivers from owning guns. If you’re a gun owner who wants to provide medical cannabis to a minor legally, you can apply for caregiver status through your state’s medical cannabis program.

The bottom line: Medical cannabis and gun laws are complicated and evolving

If you’re a medical cannabis cardholder, federal law has long treated you as unable to legally purchase a gun, even if your state protects gun ownership rights for cardholders, and it’s a punishable offense. The 2026 ATF rule change and the Supreme Court’s Hemani decision have made the question unresolved, not settled in cardholders’ favor, so speak with a lawyer before you buy or keep a firearm.

However, having a medical card offers many benefits outside of gun ownership. Before you decide, see our honest rundown of the consequences of getting a medical card and who they actually affect. If you’re interested in legally accessing medical cannabis in your state, set up a telehealth appointment with Leafwell to get started.

Disclaimer: This article does not constitute legal advice. If you have specific questions about medical cannabis in your state, speak with a lawyer.

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