Yes, it’s illegal to own a gun if you have a medical marijuana card

On June 11, President Joe Biden’s son Hunter Biden was convicted of three felony charges related to the purchase of a revolver in 2018.

Jurors found Hunter Biden guilty of lying to a federally licensed gun dealer, making a false claim on the application by saying he was not a drug user and illegally having the gun for 11 days.

After the conviction, multiple social media posts claimed people who own a gun and have a medical marijuana card are guilty of breaking the same federal law Hunter Biden was just convicted of.

But is that true?

THE QUESTION

Is it illegal to own a gun if you have a medical marijuana card?

THE SOURCES

• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
• Gun Control Act of 1968
• Controlled Substances Act of 1970
• Congressional Research Service
• Pennsylvania State Police
• Pew Research Center
• National Organization for the Reform of Marijuana Laws (NORML)
• Mayo Clinic
• Jeff Reed, assistant special agent in charge of the ATF’s St. Paul Field Division

THE ANSWER

Yes, it is illegal to own a gun if you have a medical marijuana card.

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WHAT WE FOUND

It is illegal under federal law to own a gun if you have a medical marijuana card in the United States, regardless of whether the use of medical or recreational marijuana has been legalized in your state.

The use of small amounts of medical marijuana is legal in 38 states and Washington, D.C., according to the Pew Research Center and the National Organization for the Reform of Marijuana Laws (NORML), an advocacy group that tracks state-level legislation on the issue.

Meanwhile, 26 states and Washington, D.C. have also at least partially decriminalized recreational marijuana use as of June 2024.

The Mayo Clinic says many states allow medical use of marijuana to treat pain, nausea, and other health conditions. Those conditions include Alzheimer’s disease, HIV/AIDS, Crohn’s disease, and Posttraumatic Stress Disorder (PTSD), as well as glaucoma, Amyotrophic lateral sclerosis (ALS), and epilepsy and seizures.

Regardless of state marijuana laws, it is still against federal law to own a gun and use medical or recreational marijuana, according to a notice issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in May 2023. The ATF oversees federal gun regulations.

“The federal Gun Control Act of 1968 prohibits any person who is an unlawful user of or addicted to any controlled substance as defined by the Controlled Substances Act of 1970 from shipping, transporting, receiving, or possessing firearms or ammunition,” the ATF said.

Marijuana is currently listed as a Schedule I substance under the Controlled Substances Act. However, the U.S. Drug Enforcement Administration (DEA) is reportedly considering reclassifying it as a less dangerous drug.

People who are looking to purchase a gun or ammunition must answer whether or not they are an unlawful user of marijuana on ATF Form 4473 during a firearm transaction, the ATF says. If a person answers yes on the form, they are immediately disqualified from possessing a gun or ammunition under federal law.

“Until marijuana is legalized federally, firearms owners and possessors should be mindful that it remains federally illegal to mix marijuana with firearms and ammunition,” said Jeff Reed, Assistant Special Agent in Charge of the ATF’s St. Paul Field Division.

The Associated Press contributed to this report.