Your Gun Rights With a Medical Card: What to Know After the Ruling

The subject of weed and guns has triggered debate across the nation for years. With 42% of U.S. households having at least one gun in their possession in 2023 and the number of U.S. cannabis consumers on target to reach 71 million by 2030, many people's minds are shooting blanks in regards to whether or not they must substitute one for the other. 

Statistics indicate that 40% of men and 25% of women claim to own a gun. Among those who own a firearm in the U.S., 47% are adults residing in rural areas, 30% live in suburbs, and 20% in urban areas. According to the Second Amendment of the United States Constitution, "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

So, does this mean that people who consume medical or recreational cannabis — a substance that is undergoing the transition from Schedule I (illegal) to Schedule III (requires a prescription) at the federal level — must relinquish firearms ownership?

A landmark Supreme Court decision in Jun 2026 declared cannabis consumers cannot be denied their second amendment rights. But questions remain for many firearm owners who are considering getting a medical cannabis card.

Can you hunt if you have a medical card? Can you own a gun after your medical card expires? We spoke with Jeffrey S. Gard of Gard Law Firm, LLC in Boulder, Colorado – an experienced attorney in criminal defense and cannabis/hemp matters – for answers.

Do You Lose Your Gun Rights if you Have a Medical Card?

Not anymore. The Supreme Court has ruled that being a cannabis user, or even being in possession of cannabis does not deny you your Second Amendment rights. Using a firearm while intoxicated is a different story. That can still land cannabis users in legal hot water.

According to Gard, prior to the 2026 Supreme Court ruling, the only way for any user of marijuana to purchase a firearm was to falsify the ATF form. "This went up to the 9th circuit at one point. They said unless you change the CSA or you exempt certain users, the courts aren't going to intervene."

This rule stemmed from the legality of cannabis, which until 2026 fell under the Schedule I classification of the Controlled Substances Act (CSA). The law also prohibits users of other Schedule I drugs, such as crack cocaine, heroin, and LSD, from possessing guns. 

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) had universally deemed a cannabis user — regardless of the plant's legal status in the consumer's respective state — an "unlawful user" of a controlled substance, meaning that they were not legally allowed to own a firearm. 

"It is all guided by the federal government. The Brady Handgun Violence Prevention Act prohibits the sale of firearms to the users of illegal drugs," which, until recently, included marijuana.

So, do you lose your gun rights if you have a medical card in 2026? 

No. Even recreational cannabis consumers are not barred from owning a firearm given the recent SCOTUS ruling.

The first step toward this landmark decision began when Ali Hemani was indicted on gun charges for being in possession of both a firearm and cannabis when searched by law enforcement. The case made it all the way up to the Supreme Court who, after previously deciding in 2022 that all challenges to the 2nd Amendment need to have a historical analog from when the Founding Fathers laid it out, sided with Hemani.

Prior to the ruling, per the federal Gun Control Act of 1968, unlawful users or people with an addiction to controlled substances could not legally ship, transport, receive, or possess firearms or ammunition. In Minnesota, for example, federal law long defined current cannabis consumers as "unlawful users," even though recreational use became legal on August 1, 2023. Thankfully, that's all changed.

What is Question 21f in ATF Form 4473?  

Firearms Transaction Record, better known as "ATF Form 4473," is a seven-page form established by the ATF division of the Department of Justice (DOJ). The purpose of this form is to determine whether or not someone is disqualified from owning a firearm by either state or federal law. Federal law forbids using both; thus, individuals intending to purchase a firearm from a Federal Firearms License (FFL) holder must complete the form with the utmost transparency. 

Gun dealers, or FFL licensees, require all individuals identified in Section B — which includes the purchaser's name, address, and physical features (e.g., height, weight, race, and sex) — to complete Form 4473 for consideration to buy or to receive firearm delivery. Form 4473 outlines specific restrictions on the possession and receipt of firearms. 

What is Question 21f in ATF Form 4473? 

Question 21f in ATF Form 4473 reads as follows: "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: 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.”

Given the SCOTUS decision in United States v. Hemani, that question will be revisited. And ATF announced in a social media post on Jun 18, 2026 that the were "reviewing the decision and assessing its impact. Additional guidance will be provided soon."

"That's the question that asks if you're a user of cannabis," explains Gard. Prior to the Supreme Court decision, if you answered 'no' on that form as a cannabis consumer, you had "falsified the form and lied to the federal government." 

It remains unclear how the ATF will respond or whether question 21f will remain on from 4473. Chances are, changes are soon to come as the question can no longer exclude cannabis users from purchasing a firearm legally.

What Happens to My Existing Gun Collection If I Get a MMJ card?

Nothing is 100% certain just yet, but given the Supreme Court siding with cannabis patients, there is reason to expect legally owned firearm collections are at risk unless a consumer is using those firearms while intoxicated.

That may have been true in the past, since Gard advised that the federal government was unlikely to arrest you for an existing gun collection if you get an MMJ card because "It's about the purchase of a firearm, not the possession of a firearm; the laws about the Brady Act are designed to prohibit the sale of a firearm, but not the inheritance or gifting of one."

But the latest Supreme Court ruling adds clarity, giving cannabis consumers and patients greater confidence their gun collections and second amendment rights are secure.

Are There Any States That Allow Firearm Ownership With a MMJ Card?

"It always starts, ends, and finishes with the federal government's dictates," says Gard. The Supreme Court ruling means that you can't be denied your gun rights for possessing cannabis, but that doesn't mean that you can disregard the laws around either. "Concealed carry is on a state-by-state basis, and they do ask about your use of a controlled substance."

Gard emphasizes the risk of facing time behind bars for people who possess a firearm near an area involving illegal cannabis activities. Charges tend to add up, even at the state level. In Colorado, for example, the combination of an illegal cannabis grow, mushrooms, and a firearm may land you a 12-year mandatory prison sentence. 

"It's complicated to have a home grow that only grows within the state limit. And if you don't dispose of the weed trash, it can add up to over the limit. So, if police were to find the gun near several pounds of cannabis waste, it could result in charges. That's a state law."

Can You Own a Gun After Your Medical Card Expires?

Depending on the state in which you reside, medical cannabis cards expire on an annual, biennial, or triennial basis. Failure to renew or reapply means losing access to the benefits of your state's MMJ program. 

So, does this mean that you can own a gun after your medical card expires? 

Even before the Supreme Court ruled that cannabis users can legally own a firearm, it wasn't technically illegal to have both a firearm and a medical card. It was illegal to possess both a gun and cannabis at the same time and to lie on ATF form 4473.

What Happens If I Am Forced to Use a Gun in a Self-Defense Scenario?

Restricting gun ownership limits a person's right to self-defense per the 2nd Amendment. This is why the Supreme Court ruled the way they did. The previous legal state of affairs compromised the constitutional rights of Americans, hence jeopardizing the health and safety of millions of countrywide medical cannabis users.

Should someone feel compelled to use their weapon in a self-defense scenario, MMJ use does not come into play. As Gard explains, these are called the "stand your ground or make my day affirmative defenses."

"If you have a reasonable belief that you are in imminent danger of death, you are allowed to use force in self-defense. There is nothing about being a medical marijuana cardholder or having a little pot in the house that's going to feed into that analysis," continues the attorney, noting that the self-defense argument would be evaluated in the context of whether what you did was reasonable. 

Can You Hunt if You Have a Medical Card?

As of 2023, over 13 million people actively participate in hunting activities across the U.S. Hunting licenses are regulated by the U.S. Fish and Wildlife Service (FWS) and are available in the state you are hunting in, but national wildlife refuges may supply special permits. 

This leaves many to wonder: Can you hunt if you have a medical card? 

Medical cannabis use does not restrict anyone from obtaining a hunting license. However, the Fish and Game Code (FGC) does not allow people to hunt under the influence (refer to FGC, section 3001) due to obvious safety hazards. 

This position was supported by Supreme Court, which ruled that even though cannabis users could not be denied their rights, including the purchase of hunting rifles, using these weapons while intoxicated could still incur legal penalties.

What about hunting with other weapons, such as bow hunting and antique guns? 

"Bows and crossbows aren't a problem. You can have all the bows, crossbows, and air rifles you want," affirms Jeffrey S. Gard of Gard Law Firm, LLC. 

His advice is shared by Captain Patrick Foy of the California Department of Fish and Wildlife (CDFW), who confirms that fish and wildlife laws don't prohibit MMJ cardholders from procuring a hunting license. Regulations also exist regarding the use and possession of cannabis on CDFW territories, including people in possession of the plant for medical purposes (refer to California Code of Regulations Title 14, section 550(x)(2))."

What About Those Who Work in the Cannabis Industry? 

Industry analysts foresee the U.S. cannabis industry harvesting $40 billion in 2024. Brick-and-mortar dispensaries generate most of this revenue, with farmers planting seeds that had germinated almost half a million full-time jobs (428,059) at the beginning of 2022. Considering the normality of nationwide gun ownership, dispensary workers need to understand if they can own a firearm. 

So, can you own a gun if you work at a dispensary?

The subject used to hover in a gray area; the ATF Form 4473 prohibited cannabis users from purchasing a firearm unless the plant was legalized at the federal level. In some states, like California, counties can require dispensaries to hire armed guards, thus making them employees working in the cannabis industry. 

With the 2026 SCOTUS ruling, it is legal for cannabis users and those in plant-handling roles to legally purchase a firearm, though the exact legal frameworks are yet to be finalized.

What Sparked the Change?

This latest ruling by the Supreme Court is the final in a long series of steps toward 2nd Amendment equality for cannabis users.

In 2023, congressional lawmakers introduced H.R. 363: The Second Amendment Protection Act (January 13, 2023) and H.R. 2772: The GRAM Act (April 20, 2023).

Lawmakers put forth the acts in a bid to eliminate federal firearms-related restrictions on cannabis-consuming individuals. Months later, on Wednesday, August 9, 2023, a federal appeals court ruled that a decades-old law barring illegal drug users from owning firearms was unconstitutional based on the case of a cannabis user. A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans settled that federal law violated a Mississippi man's right to "keep and bear arms" in virtue of the U.S. Constitution's Second Amendment.

What happens next is still in-question. The Supreme Court and rescheduling are going to kick off a series of federal-level changes that will impact the lives of cannabis users and patients across the country. How the federal government will implement these changes and the exact forms they'll take will develop in the coming weeks and months. But for many cannabis users, these changes signal a hopeful road ahead.

The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.