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Medical cannabis or guns: Kentuckians will have to choose

Jan 6, 2025 | 2:28 PM

By MICHAEL CRIMMINS
Glasgow News 1

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives is warning people that if they register for the medical marijuana program, they are legally not allowed to own or buy guns.

Kentucky legalized medical cannabis was signed by Governor Andy Beshear on Mar. 31, 2023 and went into effect Jan. 1. The new law makes it legal in the commonwealth to possess medicinal cannabis by individuals who meet the requirements and have a medical card.

However, cannabis is still classified federally as a Schedule I drug, which is a drug “with a high potential for abuse and little to no medical benefit.” Because of this, the bureau stated it is unlawful for “individuals who use marijuana, whether or not they have a medical card in Kentucky or any other state” to buy or own a gun.

Purchasers of firearms are required to fill out an ATF form that asks, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? 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.” If a person answers yes then the seller cannot legally sell them the gun.

Though Beshear has announced his support to reclassify marijuana from a Schedule I to a Schedule III drug thereby easing some restrictions, on the federal level it remains illegal.

“In my opinion registered medical cannabis patients are not unlawful,” said Matthew Bratcher, executive director of Kentucky NORML, an organization focused on reforming Kentucky cannabis legislation. “I encourage people to contact their federal representatives and urge them to remove the marijuana question from form 4473.”