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As Kentucky prepares to roll out its medical cannabis program on Jan. 1, 2025, the already complex issue of gun sales and weed will likely get even more complex due to federal regulations that prohibit marijuana consumers from possessing firearms.
Under federal law, as long as cannabis is classified as a Schedule I drug under the Controlled Substances Act (CSA) these complexities involving the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will persist.
As of New Year’s Day, medical marijuana will be legal in Kentucky although, due to the CSA, it remains illegal under federal law. Hence, Kentuckians who own or want to own guns are in a difficult position — a situation faced by gun owners across the U.S. who need or want to consume medical marijuana.
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If you want to buy a gun, the process begins with ATF Form 4473. The form includes a question that specifically asks if the buyer is an unlawful user of, or addicted to, marijuana, among other controlled substances. Even if marijuana use is legal on a state level, answering yes to any part of that question can disqualify the individual from being able to buy a firearm. If you check yes, licensed sellers cannot legally sell you a gun.
“You cannot possess firearms and ammunition and also be a user of marijuana,” ATF Special Agent AJ Gibes said Wednesday, reported Kentucky’s WDRB.com.
This not only applies to new gun purchases, current legal gun owners also face the tough decision of keeping their guns or partaking in the benefits of medical marijuana.
“If they wish to follow federal law and not be in violation of it, then they need to make the decision to divest themselves of those firearms,” Gibes said when asked if medical marijuana card owners are expected to give up their guns.
“We are not actively seeking and working solely on investigations involving just the possession of firearms and marijuana because of our finite resources,” he said. Still, for Kentuckians interested in following the law, this is the decision they’ll face.
Lying on form 4473 is punishable by up to 15 years in prison and/or up to a $250,000 fine. However, Gibes said charges are likely to only be pursued only in connection with another felony.
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