Kentucky’s medical marijuana program officially launched in January 2025, patients across the state are now coming to see our licensed doctors at Med Card District, and submitting their certifications to the state for medical marijuana cards. Dispensaries aren’t open yet but many are expected to open anytime now.
But for many patients, especially those who also own firearms, a new legal question has come to the forefront: Will Kentuckians have to choose between gun ownership and medical marijuana? The answer lies in a growing conflict between state and federal law, and a high-stakes Supreme Court case that could reshape the rights of marijuana users nationwide.
A Conflict in Kentucky
Although Kentucky legalized medical marijuana in January, federal law has not kept pace. Under the Controlled Substances Act, marijuana remains a Schedule I controlled substance, meaning it is illegal to use, possess, or distribute at the federal level, even for medical purposes.
This classification directly impacts gun ownership. The Gun Control Act of 1968, enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), prohibits any “unlawful user” of a controlled substance from purchasing or possessing firearms or ammunition. That includes registered medical marijuana patients, even if they are fully compliant under Kentucky state law.
The ATF Form 4473 Dilemma
When buying a firearm from a licensed dealer, Kentuckians must complete ATF Form 4473, which includes a mandatory question about marijuana use. The form makes it clear: even if marijuana use is legal in your state, it is still unlawful under federal law.
If you answer “yes,” your purchase will be denied. If you answer “no” while using marijuana, you could be charged with a federal offense for making a false statement. This creates a dangerous legal trap for responsible gun owners who also rely on medical marijuana to manage Kentucky’s qualifying conditions
Kentucky is a permitless carry state, meaning anyone 21 or older who can legally own a firearm can carry it concealed without a license. But that’s where the simplicity ends, because federal law overrides state law when it comes to gun ownership and marijuana use.
So, while Kentucky allows both gun ownership and medical marijuana use independently, using marijuana, even legally under state law, makes you a prohibited person under federal law when it comes to owning or purchasing firearms.
This conflict puts many Kentuckians in a difficult position. By using a Med card for medical marijuana, patients could:
- Lose the legal ability to own or purchase firearms
- Face criminal charges for possessing firearms while using a federally prohibited substance
- Put gun dealers at risk of legal penalties if they knowingly sell to marijuana users
- Encounter issues if they answer the federal form incorrectly, either by accident or misunderstanding
Medical marijuana users in Kentucky and nationwide are being forced to choose between their right to seek legal medical relief and their constitutional right to bear arms.
Get Access to Medical Marijuana in Kentucky
Get legal today! Med Card District is now accepting appointments so you can get your medical card and have access to dispensaries. Schedule your appointment today!