Where Does the Supreme Court Stand on Gun Rights for Marijuana Users?

As Kentucky's medical marijuana program officially launched in January 2025, patients across the state are now seeing licensed doctors, obtaining recommendations, and submitting their certifications to the state for medical marijuana cards. While dispensaries are not open just yet, many are expected to begin operations soon.

But for many patients, especially those who also own firearms, a new legal question has come to the forefront: Can you legally own a gun if you’re a registered medical marijuana user? The answer lies in a growing conflict between state and federal law, and a high-stakes Supreme Court case that could reshape the rights of marijuana users nationwide.

A Conflict in Kentucky

Although Kentucky legalized medical marijuana in January, federal law has not kept pace. Under the Controlled Substances Act, marijuana remains a Schedule I controlled substance, meaning it is illegal to use, possess, or distribute at the federal level, even for medical purposes.

This classification directly impacts gun ownership. The Gun Control Act of 1968, enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), prohibits any "unlawful user" of a controlled substance from purchasing or possessing firearms or ammunition. That includes registered medical marijuana patients, even if they are fully compliant under Kentucky state law.

The ATF Form 4473 Dilemma

When buying a firearm from a licensed dealer, Kentuckians must complete ATF Form 4473, which includes a mandatory question about marijuana use. The form makes it clear: even if marijuana use is legal in your state, it is still unlawful under federal law.

If you answer “yes,” your purchase will be denied. If you answer “no” while using marijuana, you could be charged with a federal offense for making a false statement. This creates a dangerous legal trap for responsible gun owners who also rely on medical marijuana to manage qualifying conditions.

Kentucky’s Medical Marijuana Program

Kentucky’s medical marijuana program is no longer in the “coming soon” phase, it’s active, live, and accepting patients. Individuals with qualifying conditions can schedule appointments at either our Louisville or Lexington offices, get certified by one of our licensed physicians, and submit their recommendation to the state to receive their medical marijuana card. Our patient support team will be there for you every step of the way, including the state submission.

Approved patients will be able to possess up to a 30-day supply of marijuana, with more details about product forms and dispensary locations coming soon. Our website has up-to-date information on clinic addresses, qualifying conditions, and we’ll continue to post new updates as dispensaries prepare to open.

Kentucky Gun Laws

Kentucky is a permitless carry state, meaning anyone 21 or older who can legally own a firearm can carry it concealed without a license. But that’s where the simplicity ends, because federal law overrides state law when it comes to gun ownership and marijuana use.

So, while Kentucky allows both gun ownership and medical marijuana use independently, using marijuana, even legally under state law, makes you a prohibited person under federal law when it comes to owning or purchasing firearms.

This conflict puts many Kentuckians in a difficult position. By using medical marijuana, patients could:

• Lose the legal ability to own or purchase firearms

• Face criminal charges for possessing firearms while using a federally prohibited substance

• Put gun dealers at risk of legal penalties if they knowingly sell to marijuana users

• Encounter issues if they answer the federal form incorrectly, either by accident or misunderstanding

In short, medical marijuana users in Kentucky are being forced to choose between their right to seek legal medical relief and their constitutional right to bear arms.

United States v. Baxter

The conflict is not unique to Kentucky, and that’s why all eyes are on a pending Supreme Court case. United States v. Baxter involves an Iowa man arrested with a firearm and marijuana. Federal prosecutors charged him under 18 U.S.C. § 922(g)(3), the same statute affecting medical marijuana patients in Kentucky.

Baxter’s defense argued that the law is unconstitutional, particularly when applied to law-abiding individuals not under the influence at the time of arrest. An appeals court partially sided with Baxter, and now the Solicitor General, appointed by President Trump, has asked the Supreme Court for more time to decide whether to appeal.

If the Supreme Court agrees to hear the case and ultimately rules that § 922(g)(3) is too broad or unconstitutional, it could:

• Restore gun rights for millions of marijuana users, including registered patients in Kentucky

• Reduce legal risks for medical marijuana users who also own firearms

• Force the federal government to reevaluate marijuana’s Schedule I classification

What to Watch in Kentucky and Nationwide

Kentucky’s medical marijuana program is active, and dispensaries are expected to open soon, bringing increased access and new regulatory updates. At the same time, the pending United States v. Baxter case could have a significant impact on the rights of medical marijuana patients who also own firearms, highlighting the unresolved conflict between state legalization and federal prohibition.

For now, the best course of action is to stay compliant with Kentucky law, get your medical marijuana card, and follow updates closely as the legal landscape continues to evolve. With potential changes on the horizon, patients may soon be able to access the relief they need without sacrificing their Second Amendment rights.

Get Access to Medical Marijuana in Kentucky

Medical marijuana is here, Kentucky, and we’re booking appointments now!

You can schedule your appointment to see our doctor at our Louisville or Lexington office. Schedule your appointment today to get your marijuana card and be the first to access dispensaries as soon as they open!

Don’t wait—secure your spot and start your journey toward relief. Subscribe to our newsletter for more updates on the program and dispensaries!