Can Kentucky Medical Marijuana Users Legally Own Guns?

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Gun ownership is a deeply valued right for many Kentuckians. But what happens when someone is legally using medical marijuana? Can a registered medical marijuana patient still lawfully own or carry a gun in Kentucky?

This is a critical question because, while Kentucky law allows medical marijuana for patients with qualifying conditions, federal law imposes strict restrictions on firearm ownership for anyone who uses marijuana. Even if you are following all state rules, using medical marijuana can put you at odds with federal regulations governing guns. Understanding this legal landscape is essential for anyone who wants to exercise their Second Amendment rights while managing their health with medical marijuana.

The Federal Law Conflict

Under federal law, marijuana is classified as a Schedule I controlled substance. This means that, at the federal level, any use of marijuana, even for medical purposes, is considered federally illegal. As a result, the Gun Control Act labels anyone who uses marijuana as an “unlawful user,” regardless of whether they are following state medical marijuana laws. In other words, federal law does not recognize state medical marijuana programs, so registered patients are still considered prohibited from owning or purchasing firearms. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces these federal rules nationwide.

The United States v. Hemani Case

The Supreme Court is now examining the conflict between marijuana use and gun ownership in United States v. Hemani. The case involves a Texas man who was prosecuted for possessing firearms while regularly using marijuana. The central question is whether prohibiting gun ownership for marijuana users violates the Second Amendment.

This case has the potential to affect medical marijuana patients across the country. If the Supreme Court rules in favor of Hemani, it could create legal protections allowing medical marijuana patients to legally own firearms under federal law. Until then, the federal restriction remains in effect for all states nationwide despite medical marijuana laws.

What This Means for Medical Marijuana Patients in Kentucky

• Gun Ownership Is Prohibited: Even with a medical marijuana card, federal law classifies patients as prohibited persons. Possessing a firearm can lead to federal criminal charges.

• Gun Purchases Are Illegal: Attempting to purchase a firearm while using medical marijuana is illegal. Providing false information on a federal firearms form can result in serious legal penalties.

• No Concealed Carry Rights: Federal law supersedes Kentucky’s concealed carry provisions, preventing medical marijuana patients from obtaining a concealed carry permit or carrying a firearm.

The ATF Form 4473

When buying a firearm from a licensed dealer, buyers must complete ATF Form 4473, which asks about drug use, including marijuana. Answering honestly as a medical marijuana user bars you from purchasing a firearm, while falsifying your answer can lead to federal charges, including perjury.

Kentucky Lawmakers and Federal Reform

Kentucky lawmakers are aware of the conflict between state medical marijuana laws and federal gun regulations. There have been efforts to urge Congress to amend the Gun Control Act so medical marijuana patients can legally own firearms. Advocates argue that patients should not have to choose between managing their health and exercising their Second Amendment rights.

What Patients Can Do

• Stay Informed: Keep up to date on both federal and state laws regarding medical marijuana and firearms.

• Consult Legal Experts: If you are a medical marijuana patient who owns a gun or wants to buy one, you can seek legal advice to understand your rights and risks.

• Advocate for Change: Supporting federal legislative changes could protect the rights of medical marijuana patients in the future.

Until federal law changes, medical marijuana patients in Kentucky must be aware of the serious legal consequences associated with gun ownership. Balancing health needs with legal responsibilities is critical to avoid criminal liability.

Get Access to Medical Marijuana in Kentucky

Medical marijuana is almost here, Kentucky, so get your marijuana card now!

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At Kentucky Marijuana Card, we’re here to make the process easy and stress-free. Our team is dedicated to helping you unlock the full benefits of Kentucky’s medical marijuana program while improving your overall quality of life.

Don’t wait to start feeling better. Call us at (833) 781-6360 or schedule your evaluation today, and take advantage of the many benefits a medical card has to offer!

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