Estimated reading time: 3 minutes
Last week brought headline-grabbing news that had a lot of people celebrating. And a lot of gun owners scratching their heads.
President Donald Trump signed an executive order reclassifying cannabis from a Schedule I controlled substance to Schedule III, a move that opens the door to expanded medical research and signals a shift in federal drug policy.
But if you’re a gun owner, or hoping to become one, William Kirk, president of Washington Gun Law, says the short answer is simple:
This changes nothing for firearms possession.
In a recent breakdown, Kirk explains that while cannabis has been reclassified, it has not been legalized at the federal level. That distinction matters because under federal law, marijuana remains an unlawful controlled substance, regardless of what individual states allow.
The problem lives squarely inside 18 U.S.C. § 922(g)(3), which prohibits anyone who is an “unlawful user of or addicted to any controlled substance” from possessing firearms. And here’s the key point: that statute applies to all controlled substances, whether they’re Schedule I, II, III, IV, or V.
So moving cannabis to Schedule III doesn’t remove it from the list. It just moves it around on the list.
Kirk also points to the real-world choke point for gun buyers: ATF Form 4473.
Question 21F asks whether the buyer is an unlawful user of marijuana or any other controlled substance. Right below it is a warning that makes the federal position crystal clear: marijuana remains illegal under federal law, even if your state says otherwise.
SEE ALSO: Free SBRs Are Coming! A Horrible Idea
That warning is still accurate after reclassification. And that means the form isn’t changing.
Gun owners are left with what Kirk calls a Hobson’s choice. Answer “yes,” and the firearm transfer stops immediately. Answer “no” while knowingly using cannabis, and you’ve potentially committed a federal felony by lying on the form.
Reclassification does bring benefits. Mainly, allowing more federally funded research into potential medical uses of cannabis. But it does not legalize recreational use, does not legalize medical use federally, and does not lift the firearm prohibition.
According to Kirk, there are only two ways this situation changes:
Congress amends the Gun Control Act of 1968, or the ATF radically reinterprets § 922(g)(3).
Both outcomes, he says, are highly unlikely in the near term.
Bottom line: if you’re a lawful gun owner who doesn’t use cannabis, this executive order means nothing to you. And if you do use cannabis, the legal risk hasn’t changed one bit.
As Kirk puts it, education (not celebration) is the real takeaway here. Knowing the law remains part of being a responsible gun owner.
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is a seasoned outdoorsman, lifelong hunter, and the kind of guy who’d rather track whitetails than scroll social media. As an editor for GunsAmerica, he’s got a sharp eye for spotting both solid gear and bad gun laws. Whether he’s deep in the woods or deep in editorial deadlines, Larry brings a no-nonsense, tell-it-like-it-is approach to firearms, hunting, and the great American tradition of self-reliance. If there’s a hot debate on gun rights or the latest in hunting tech, you can bet Larry’s got an opinion—and it’s probably backed up with both facts and field experience.
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As a former law enforcement officer of over 25 years and a holder of a Federal Firearm License I know for a fact that if you are using marijuana you’re are not in control of your mind and are in a state that has no right to be using or owning a firearm. You are a bigger risk to the lawful citizen and on a level playing field as an alcoholic. How many studies have to be available to show this fact. How about focusing on safety rules practices when in control of a firearm on a range, Common Sense People!
I’m seriously considering lying on the app. To buy a ,22 caliber pistol…I don’t think they’re gonna kick my door in , or even prosecute over a
.22 pistol…yes I have a medical cannabis card .
How very little of you and your selfish attitude
I am a Registered Nurse, with my last 33 years of practice in Emergency Departments. Marijuana is not a “safe recreational drug,” as we see increasing instances of psychosis, hallucinations, and Cannabis Hyperemesis Syndrome. The THC levels in today’s easily obtained marijuana are much higher than those in the 1970’s and 1980’s. The risks of unsafe and illegal use of firearms while under the influence of any mind-altering substance are significantly elevated be it alcohol, marijuana, LSD, or mushrooms.
I am a firearms owner and user, shooting since the 1960’s and carrying since the late 1970’s. I am a veteran of the 82nd Airborne Division, and served as an infantry rifleman, machine gunner, anti-tank gunner (the M-47 Dragon MAW,) and as an infantry squad leader. I fully support and will continue to support constitutional carry – open and concealed – for moral and conscientious American citizens. I am aware my evidence of known users of illicit substances is antidotal but ask everyone concerned with this matter do their own research and continue this debate with their friends, associates, and even our enemies. You might be the one who convinces an enemy of the Second Amendment to use reasoning and logic to advance our freedoms, without allowing new laws or regulations to constrict our right to keep and bear arms.
Dope is for Dopes! If you’re a Dope on dope then you have no business possessing firearms………
We need to add all ALCOHOLIC beverages to that question on the 4473 also. Plenty of drunks use firearms unlawfully too! Of course that would be opposed by the senators from Kentucky, the bourbon capital of the world, eh?
Will regard to FEDERAL law, it doesn’t matter what schedule is and/or whether a doctor prescribes it. If it hasn’t been approved by the FDA to treat “condition x”, it is still an illegal drug. Once it’s approved for treating “something”, then a doctor could prescribe it off-label for just about anything.
If current(state) medical cards for marijuana are not legal with the ATF, what would change?
If you are using marijuana under a doctors orders, are you useing it illegally?
I’m not sure what’s more disturbing. The fact that most of this article is factually incorrect or the confidence with which it’s stated. Once it moves to schedule 3 it can and will be prescribed with a federally recognized prescription from a medical doctor. The answer on the ATF background check will be answered “No” and that will be the legally correct answer. D.O.T. Regulations are also going to change over this. I’m guessing everyone involved in writing this article is Prohibitionist and are suffering from confirmation bias. It’s ok no one is perfect.
Now that it will become legal to prescribe as a medicine (not an unlawful use/r) the next hardest part will be eliminating all those useless state registries.
It doesn’t directly affect me, but I know some people who it does affect, so my question is… what is the status of someone who uses cannabis owning or possessing a gun? All I noticed was covering filling out the paperwork with an FFL. You can’t legally purchase a firearm from a dealer, due to the form, but if you already own one, inherit one, buy one from a friend or borrow one, are you illegal?
If and when cannabis is moved to schedule 3 and a doctor orders it for you, then you are absolutely not an “unlawful user”. If you are prescribed suboxone or anabolic steroids you are still allowed to have guns because you are taking a substance “legally” prescribed to you by a physician. If you ever had a serious injury and were prescribed opioids for the pain (opioids are schedule 2 even higher and more controlled than cannabis will be) you do not lose your gun rights. Spreading fear is not helpful.
well since there are lots of people here who assert pot isn’t addictive and you won’t die from a serious medical condition then it should be easy to just stop to stay legal!
Fuck you Fudd.
OK boomer
I agree, Paul. Speaking from years of working with addicts (and as demonstrated by some of the comments below), addicts can also be rather hateful. So much for “mellowing-out”.
It doesn’t directly affect me, but I know some people who it does affect, so my question is… what is the status of someone who uses cannabis owning or possessing a gun? All I noticed was covering filling out the paperwork with an FFL. You can’t legally purchase a firearm from a dealer, due to the form, but if you already own one, inherit one, buy one from a friend or borrow one, are you illegal?
Possession (of a gun) by unlawful users/addicts is prohibited under current Federal law. Doesn’t matter how they came to possess it.
So let’s get this straight. I can be prescribed Methadone (schedule 2) for 20 years and have no problem purchasing a gun in that time, because a doctor prescribes it, but a now less dangerous drug gets moved to a schedule 3, but it’s still not allowed? I know security guards on Methadone, they open carry on the job. How can something as strong as Methadone be legal for gun owners, but Cannabis isn’t. Doesn’t seem to follow any logic or scientific principles. Just seems like a lot of people with a predisposition towards cannabis and you all sound like the anti 2A people that having never fired a weapon, act like experts, using the same tired talking points and phraseology. “Dope is for dopes.” How original. That’s about as helpful as “If getting rid of guns saves one life it’s worth it!” One thing many of you don’t know is the Federal Government HAS prescribed cannabis to 7 people in history, known as the lucky 7. Don’t know if any are still alive. What that tells you is there’s a case to be made that even the Federal government has seen medical benefits of cannabis and allowed pre-rolled joints to be shipped in the mail in a tin can! This all comes from an episode of Penn & Tellers: Bullshit series if anyone cares to know about it. I’m not just blowing pot smoke you your arse.