CANNABIS & FIREARMS.

Federal Law: The Core Conflict

Under 18 U.S.C. § 922(g)(3), any person who is an "unlawful user of or addicted to any controlled substance" is prohibited from shipping, transporting, receiving, or possessing firearms or ammunition. Cannabis remains a Schedule I controlled substance under federal law. The ATF considers any cannabis user — including medical cannabis patients in legal states — to be an "unlawful user" under this statute.

This means that even if your state has legalized medical or adult-use cannabis, you are federally prohibited from owning or possessing a firearm if you use cannabis.

ATF Form 4473: The Question That Matters

When purchasing a firearm from a licensed dealer, you must complete ATF Form 4473. Question 21(e) asks:

"Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"

The form explicitly states that "the use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside." Answering "yes" disqualifies you from purchase. Answering "no" when you use cannabis is a false statement — a federal felony.

State Variations

Some states have passed laws attempting to protect medical cannabis patients' firearm rights or prevent state agencies from sharing cannabis patient data with federal authorities. However, these state laws do not override the federal prohibition. State-level protections may affect:

• Concealed carry permit issuance by state agencies
• State-level background check databases
• Whether state law enforcement shares patient registry data with federal databases

Check your specific state page for state-level firearms and cannabis information.

VA Benefits & Firearms

Cannabis use does not cause you to lose VA benefits. However, the VA's approach to firearms and cannabis is nuanced:

• VA providers do not routinely report cannabis use to law enforcement or firearms authorities.
• However, if a veteran is flagged in the VA's system as a danger to themselves or others (e.g., during a mental health crisis), firearms restrictions may be triggered under separate federal law (18 U.S.C. § 922(g)(4)).
• Veterans should be aware that cannabis use combined with certain mental health diagnoses may affect VA disability ratings and treatment plans in ways unrelated to firearms.

What This Means for Veterans

The Rescheduling Question

If cannabis were rescheduled from Schedule I to Schedule III or below, the ATF's interpretation of 18 U.S.C. § 922(g)(3) could potentially change. However, as of this writing, the rescheduling process is ongoing and cannabis remains Schedule I. Do not assume that rescheduling will automatically restore firearm rights — the ATF would need to issue new guidance.