Kentuckys medical marijuana program could impact gun owners

January 3, 2025

LOUISVILLE, Ky. — Kentucky is officially the 38th state to legalize medical cannabis. Gun owners in Kentucky wishing to use medical cannabis may face new challenges. 


What You Need To Know

Kentucky is officially the 38th state to have medical cannabis
Medical cannabis licenses are for those who have serious medical conditions, such as cancer, multiple sclerosis or PTSD

The ATF says anyone, despite state regulations, using marijuana is prohibited from owning a firearm
Kentucky Norml says it is hearing concern from gun owners

Kentucky Norml executive director Matthew Bratcher said on the form to purchase a firearm, it asks if you are a medical cannabis user. If you lie on the form, Bratcher said that would be federal perjury and if convicted, someone could face up to 10 years in jail.

“The ATF has put out some statements that says, you know, as a cannabis user, it is illegal to purchase new weapons firearms,” said Bratcher.

In a 2011 letter, the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) said, “Any person who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by federal law from possessing firearms or ammunition.” The organization says people should answer “yes” on form 4473.

Kentucky Norml said it is hearing concerns from gun owners who may choose to not partake in the program.

“And that’s not what we want. We want the program to be robust. We want people to take full advantage of it,” said Bratcher.

Bratcher said gun owners shouldn’t be apprehensive and wants to make clear current gun owners do not have to sell their guns.

“Just because you to get a program, no one’s telling you to sell your weapons. That’s nothing you need to be worried about. But, like, it’s just all concerning any current firearms you plan to purchase while you’re in the program,” said Bratcher.

Bratcher says ATF works solely on investigations involving just the possession of firearms and marijuana and not actively seeking gun owners 

“If you’re worried about just possessing as a cannabis patient, they’re transferred to your wife or other people like that. You know, just to stay above board if you wanted to,” said Bratcher.

Bratcher said no one should sacrifice their medical needs or their Second Amendment rights and hopes to help change that.

 

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