Estimated reading time: 5 minutes
For years, Americans who relied on medical marijuana for pain, PTSD, or epilepsy faced an impossible choice: their medicine or their gun rights.
If you had a prescription card, federal law said you were automatically “prohibited” from owning or purchasing firearms. It wasn’t a choice. It was coercion.
That rule, enforced through Section 11E of the ATF’s Form 4473, meant tens of thousands of patients were barred from exercising their Second Amendment rights.
Answer “yes” on the form, and you were instantly denied. Lie about it, and you risked federal prosecution. Even worse, the restriction didn’t just block new gun sales — it meant existing gun owners with medical marijuana cards were technically barred from keeping the firearms they already owned.
The message from the government was clear: if you treat your condition with cannabis, you’re suddenly too “dangerous” to be trusted with a gun.
The Court’s Ruling
That changed in Florida when a federal court ruled that the prohibition violated the Constitution. The government, the court found, failed to show that medical marijuana patients posed a unique danger to themselves or others.
Simply being on the state’s medical marijuana registry was not enough to strip citizens of their rights.
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The court’s logic undercut years of federal policy. It recognized that alcohol — long linked to domestic violence and deadly crime — has never been treated this way.
As Colion Noir noted, you can drink a handle of whiskey every night, pass out drunk, and as long as you check “no” on a form, you can still legally purchase a firearm. Yet a cancer patient lighting up a prescribed joint was branded unfit for ownership. That’s not safety. That’s hypocrisy.
Rights Aren’t Popularity Contests
Noir made it plain: this was never about safety. It was about control. He doesn’t like marijuana — hates the smell, hates the culture around it — but that’s irrelevant.
Rights don’t hinge on whether you like the people exercising them. A right that disappears because of your medicine isn’t a right at all. It’s a permission slip.
The ruling brings much-needed consistency. If you’re high or drunk, you already can’t legally carry. That’s common sense. But banning people altogether for what’s in their bloodstream off-duty was bureaucratic overreach.
Why It Matters
This decision matters because it sets a precedent. If the government can take away your rights over cannabis, what’s next? ADHD medication? Insulin? Any prescription that bureaucrats decide might impair judgment? The slippery slope is obvious, and the court’s pushback is a major correction.
For the 2A community, it’s another example of why vigilance matters. Politicians and agencies will always look for new ways to chip away at rights. But as this case shows, the courts are starting to catch up — and call BS when the logic doesn’t hold.
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well dano since you’re the communist left and you support it then it is a bad idea, i don’t need your bs “science” to understand that!
it seems that replying to your comment directly has been stopped…….
Only authoritarian FUDDS agree with restricting civil liberties.
We allow people to drink 190 proof grain alcohol and own guns so yes, they should be able to own guns. There’s zero reason not to allow it. All this “Reefer Madness” stuff is 90% BS propagated by studies funded who? Yeah, the big pharma folks who have a huge financial stake in demonizing marijuana. The other 10% is stuff that’s no more relevant than issues from alcohol usage.
I don’t have a dog in this fight because I don’t use the stuff. Never have and never will but I have read almost everything I see on the subject because I recognize there’s science and then there is scientific propaganda.
During my time as a LEO I dealt with a lot of people under the influence of alcohol from them being in their homes to being in public to them driving down the street. I also dealt with a much smaller number of people who were under the influence of marijuana. I can say with 101% certainty that I would MUCH rather have the MJ users with guns than those using alcohol. That goes across the board, if you’re going to allow people to own guns and have the ability to use alcohol you damn sure should allow MJ users the same. There is still a very ingrained dislike of MJ among conservatives based on biased opinions and heavily biased scientific studies. It’s substance fuddery and it just doesn’t hold up to scrutiny. The second amendment says “shall not be infringed”, not “shall not be infringed unless you use pot”.
As a fellow forst responder, I whole heartly agree. Alcohol is waaay worse than some cannabis. Not one time was a person that was just high on cannabis be violent to us in any incidents. But I cant say the same about being drunk.
Perhaps I wouldn’t feel quite as strongly about this, if it didn’t hit so close to home. I’m watching a loved one destroy their life, and seriously damage all those who care for them, due to Marijuana addiction. (I am purposely not identifying this loved one or their gender) This person has a medical card obtained online by answering a few generic questions from an online quack, or quack-bot, whatever the case may be. I know this person extremely well, and they have no legitimate diagnosis which indicates mj use… yet they now have a “permission slip” from the state to legally feed their addiction non-stop. The science is clear… longterm use/abuse of THC causes permanent, negative changes in the brain, on top of the negative health effects associated with vaping and smoking. This person abuses mj/THC daily, multiple times per day. There’s no way in hell I would trust them to responsibly carry a weapon!!
I will admit there are people who may genuinely need treatment via THC. The aforementioned cancer patient is an excellent, but not exclusive, example. I would wager a large sum however, that the people with genuine need(s) comprise less than 1 percent of the population that abuses mj/THC on a daily basis. I’m no proponent of government regulation and intervention to say the least… especially when it comes to someone’s right to legally possess firearms… CARRYING them while impaired (whether currently or permanently impaired) however, is a non-starter.) If you cannot trust people to conduct their own affairs in a way that doesn’t infringe on other people’s safety and rights, there is no other choice but regulation. We currently restrict the 2A rights of certain convicted felons for obvious reasons. Shouldn’t we consider the same for those who have no ability and/or willingness to reign-in their addictions to mind-altering substances? Before anyone asks, “Yes”, I am including those who are addicted to alcohol as well. I drink beer, but am not addicted to alcohol. Plus, I would never consider carrying a firearm in public when inebriated in the least.
Unlike operating a motor vehicle, firearm ownership is a constitutional right. I agree with the court and Colin.
First off, I am not a fan or a user of marijuana although I do enjoy a good single malt scotch. So… give me one valid, scientifically researched reason why it’s OK to drink alcohol, use prescription medication such as painkillers and not smoke marijuana?
This really isn’t much of a tough call if you think about it with an IQ north of a turnip. Marijuana was originally made illegal as a schedule one drug to more easily arrest inner city Black people back in the day. Originally I thought that statement as being ridiculous, racist or just plain BS but it turns out it’s true, much to my surprise.
Marijuana is probably less dangerous than alcohol because of all the stoners I’ve ever met, not one of them were violent. Using a gun while under the influence of anything is pretty much illegal or at least going to get your butt in a lot of trouble so why does it matter Whether the person drinks alcohol or smokes marijuana as long as it’s not done while being in possession of a weapon?
Marijuana doesn’t damage the brain anymore, and probably less, than alcohol so people who believe that are obviously too ignorant to actually research the subject.
Now I will admit to one problem with this and that is there is not a consistent current scientifically based test for showing if someone is currently under the influence of marijuana. So the way I see it is this… In order to get it removed as a schedule one drug, You first need to come up with that test even though law-enforcement are trained to spot people being under the influence of “something“. Problems can exist there but still come up with a solid foundation for detecting “moment use”. Secondly… Have marijuana removed as a schedule one drug because it is not any more dangerous than alcohol. Thirdly… Remove that question from the ATF form.
… and let the childish an ignorant remarks begin lol…
i agree there is no way to detect use on the spot. pot is a gateway drug that will lead to harder drugs since it will not deliver at some point the same results. alcohol will cause increased use until death (tossed this in since the story is getting turned around to booze instead of pot). I also disagree with it being the magic cure all for everything, the research is always slanted towards profit.
Sorry Kemosabe but there is no conclusive proof that marijuana is a gateway drug. Everyone I know that has smoked pot come include myself in the past, have never moved on to harder drugs. I think it’s a choice people make about what they want out of life, assuming the drug is not physically addicting like marijuana for most people.
Cannabis is not a gateway drug as many would believe. This has been proven throughout the years, and medically. You say that pot leads to more drug use, I can argue with multiple studies and empirical evidence that alcohol can lead to drug use as well, if not more than Cannabis. And for sure more violence due to alcohol than just straight Cannabis use. One thing I cam agree on is the actual medical benefits, there is some but people believe it is a “cure all” as you said. More studies and time is required to figure out all the benefits. But one thing is sure young people shouldn’t smoke it till their brains are fully developed.
thanks for being civil! the latest article on this had people getting so nasty they were proving my point. i just am tone deaf to these new studies since lots of them only produce results for the money and will go back and forth. alcohol and guns are not good but over the centuries that hasn’t been proven to be that big of an issue pot is yet untested and more time needs to be given and real honest data should be used. if we all agreed on everything then that would be a major problem!
You seem to be spewing a lot of nonsense not backed up by science.
The weed today is not the same stuff you smoked with the crewt luie and corporal Tye fifty years ago
Wow, take away property rights with laws that have controversial basis and open-ended standards. Property rights are the basis of all other cherished rights, do NOT go all in with this law. Sounds like another ploy to erode the 2A, how would 2A supporters square rescinding Constitutional rights with “shall not be infringed”? Where will the line be drawn?
Marijuana is a psycho-active schedule I drug and is dangerous, especially the more potent strands. Still, the lack of medical uses is very debatable and seems to fall in favor of what benefits the ATF and Big Pharma. At some point alcohol and other common meds could be re-classified to strip another wide swath of the 2A supporters. Many people are taking psycho-tropics pharmaceuticals that cross the blood brain barrier and are as dangerous as marijuana, maybe more dangerous. What group will be next.
I tend to agree with Noir’ comparisons with alcohol and marijuana. Maybe marijuana should be reclassified as a schedule III and treated like alcohol, restrict CC. Sure, don’t trust most legislators to find the best answer.
nope they shouldn’t have guns!
I totally agree. Marijuana has permanent affects on the brain.
So does alcohol, prescription painkillers and playing football.
yeah & alcohol doesn’t have any affect on your brain or liver or anything else??????
Never said it didn’t. By the way I don’t drink. I have no use for either.
where was alcohol mentioned?
(sarc)
then neither should alcohol drinkers!!!!!!!!
The article had nothing to do with alcohol. So keep to the subject at hand.:)
re-read the article sir or here’s a couple of quotes from the article comparing alcohol & pot & there’s more.
“As Colion Noir noted, you can drink a handle of whiskey every night, pass out drunk, and as long as you check “no” on a form, you can still legally purchase a firearm. Yet a cancer patient lighting up a prescribed joint was branded unfit for ownership. That’s not safety. That’s hypocrisy.”
“The court’s logic undercut years of federal policy. It recognized that alcohol — long linked to domestic violence and deadly crime — has never been treated this way.”
well alcohol is gone from your system the next day, thc can be there for months……..so that comparison should never be an issue!
besides drunks killing people seems more a hollywood western thing than reality.
also drinking and guns are already illegal, so before you shoot back re-read my first sentence.