Marijuana and Firearms in the United States

This article is solely intended to explain why drug use and firearms are not allowed. It is not a discussion of whether they should be allowed or not.

Buying or possessing firearms by someone who smokes marijuana or other controlled substances has not been allowed since the Gun Control Act of 1968 (federal law). Yes, it goes back that far. It makes no difference to the federal government whether a state has "legalized" marijuana or not. Technically, states cannot make something legal that is federally illegal. yet marijuana seems to be an exception. It doesn't make a difference if the use is for medical reasons or recreational use.

The federal form 4473 asks the question, "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" it also states, "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."

Since the form 4473 must be completed for each firearm transaction, answering "no" this question when in fact you do use marijuana or other controlled substance is a felony and comes with a hefty 15 year federal prison sentence and up to a $250,000 fine.

Some people feel that marijuana use is no big deal, and some states have agreed - including Maryland. That does not negate that buying or transferring a firearm is not just governed by state law but is also governed by federal law. Until federal law changes, buying a firearm when someone uses marijuana is illegal, even if state law allows marijuana use. If you don't like existing laws, contact your elected representatives and ask them to change the laws.