Court Says Guns Still Illegal For Medical Marijuana Users


You are most likely familiar with what marijuana is even if you have never used it. You may also be familiar with the growing movement to make marijuana use legal in some cases for medical purposes.

Those that argue for legalization of marijuana for medical purposes would tend to argue that it is no worse than using any other prescription medication, and, therefore, medical marijuana users should have the same rights as anyone using prescription medication.

But, at least when the issue is gun ownership, a court ruled that isn’t the case. Michal Addady writes,


If you have a medical marijuana card, the 9th U.S. Circuit Court of Appeals says that you can’t buy a gun.

The court ruled 3-0 on Wednesday that a ban preventing medical marijuana card holders from purchasing firearms is not in violation of the Second Amendment, the Associated Press reports. There are nine western states under the appeals court’s jurisdiction, including Nevada, where the case originated.

A lawsuit was filed in 2011 by Nevada resident S. Rowan Wilson after she tried to purchase a gun for self-defense and was denied based on a federal ban on the sale of guns to users of illegal drugs. Though marijuana has been legalized in some places on a state-by-state basis, it remains illegal under federal law. The court maintained that drug use “raises the risk of irrational or unpredictable behavior with which gun use should not be associated.”

Now, we can have a discussion about whether marijuana should be completely legal, legal only in specific situations, or completely banned. Regardless of your position on the issue, though, one thing that is clear is that, at this time, if you’re using, you cannot legally buy a gun.

How do you get around this? If you’re a law-abiding citizen (which we recommend), then you work to get the Federal government to change this guidelines. Until then, you’ll have to look for other methods of self-protection.



  1. Easy if you haven’t got a card yet, smoke/eat your medicine and arm yourself. When it comes right down to it, the government has no authority to make laws regulating either guns or marijuana, nor does any court have the authority to enforce the fake laws, but good luck explaining this to those imbeciles

  2. If using medical marijuana is grounds for firearms confiscation. Then the fact of people using alcohol should also be grounds for firearms confiscation. Just like driving down the road, I would much rather meet a driver high on marijuana, than a drunk coming at me at no telling how fast. The person high on pot is likely paranoid, thus going much slower and watching out for the law. But a drunk doesn’t care, they are usually speeding and not watching out for you or the law. Go figure, the same people that consume only alcohol are usually the ones who think that people who smoke pot are a public menace and or drug addicts.

  3. We all know smoking pot makes killers out of us. But I would rather go up in front of a pot smoker with a gun than a drink with a gun. The smoker is probably laid back a bit but the alcoholic drink with a gun could easily lead to death of someone.

  4. Very easy in most states to buy a gun privately, no need for a federal background check. Ditto for buying cannabis without a medical card. Why is this even a question?

  5. It doesn’t stop other people in the household to purchase firearms. In that scenario, the husband/boyfriend purchase the gun (she can use it) she has medical card to bring her plants home (he can use them) it’s not fair but neither are low cap mags and bullet buttons

  6. This WHOLE thing is STUPID. I mean, REALLY STUPID !!! First off, if we TRULY ARE free people, then NO Court or Gov’t Agency HAS ANY RIGHT to tell us we can’t smoke (or otherwise consume) Marijuana, for WHATEVER REASON we choose to do it. The 2nd Amendment of our Constitution GUARANTEES that our right to keep & bear arms SHALL NOT BE INFRINGED. This IS NOT an issue to be decided, or regulated, by the Courts OR the Gov’t. If we TRULY ARE FREE PEOPLE, it is to be DECIDED BY THE INDIVIDUAL ONLY whether or not they wish to be armed, or whether they wish to use Marijuana (for WHATEVER purpose). IF WE TRULY ARE FREE PEOPLE, that is. NO IF’s, And’s, or BUT’s about it, PERIOD !!!

  7. I don’t give a flying $[!+ what the 9th circus court has to say. My rights supersede any law, here let me say this, America it’s time to exstiguish these fires the fake politicians put on us.
    And yes even the law.

  8. I say let them make a law, then try to inforce it. There are a whole lot more of us legal gun owners than politicians and cops. So turn the lawabiding citizen into a criminal and see what WE ALL WILL DO ABOUT IT AND YOU F***. IF YOU WANT TO MAKE MORE CRIMINALS, YOU BETTER DIG YOUR GRAVE FIRST. ALL OF YOU AS*******. I FOR ONE WILL FIGHT FOR THE CONSTITUTION. THOSE WHO CAME BEFORE (THE TRUE PATRIOTS) KILLED THOSE WHO WOULD TAKE IT FROM US. HISTORY DOES REPEAT IT’S SELF.

  9. Until such a time that the Federal Government removes marijuana from the list of Schedule 1 Controlled Substances, that’s the way this will be. The ATF has already changed their position by adding that addendum to form 4473 (this was done shortly after Colorado’s legalization). That ruling bars possession and purchase regardless what the State one resides in, views and legislation concerning use and gun ownership are, the Feds position remains negative. Our opinions of marijuana use aren’t a part of the equation. For myself, I don’t use it, nor do I use alcohol. If I did use it, I would refrain (and recommend refraining for anyone)from getting on any sort of list (like a Medical Use card). Such lists may at some point be used to enforce compliance with the Federal’s position against the card bearer. So in a nutshell, I’m not saying don’t use it, just avoid setting yourself up for legal repercussions if you do use it.

  10. This is the dirty little secret. States that are legalizing pot are not telling their citizens that federal law prohibits gun ownership for pot users. A lot of citizens think that because their state legalized pot they are safe. They may be safe in their own state but are in violation of federal law and that could have severe consequences.

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