Where Does the Supreme Court Stand on Gun Rights for Marijuana Users?

In the ever-evolving legal landscape of marijuana reform, a new constitutional conflict has emerged, one that pits Second Amendment rights against federal drug policy. As more states, including Ohio, expand access to legal marijuana, the question grows louder: Can marijuana users legally own firearms?

The U.S. Supreme Court may soon weigh in, and for medical marijuana patients in Ohio, the outcome could significantly impact their rights. Here’s what you need to know about the current legal conflict, the implications for Ohioans, and why getting a medical marijuana card is still the right choice, even in the face of federal contradictions.

Marijuana Use and Firearm Ban

Under federal law, marijuana remains a Schedule I controlled substance. That classification makes it illegal to manufacture, possess, or use marijuana, regardless of any state-level legalization.

Specifically, 18 U.S.C. § 922(g)(3) prohibits anyone who is an “unlawful user of or addicted to any controlled substance” from possessing firearms or ammunition. That includes all marijuana users, even those with valid medical marijuana cards in states like Ohio.

What does this mean in practice? If you use marijuana, even legally under state law, you are by federal standards, prohibited from owning or buying guns. And the consequences can be severe: violating this statute is a felony punishable by up to 10 years in prison.

Supreme Court Case Could Change the Landscape

The tension between marijuana use and gun ownership recently reached the federal appeals courts, most notably in the case of United States v. Baxter. Baxter was arrested in Iowa with a bag of marijuana and a pistol, and prosecutors charged him under § 922(g)(3). But Baxter fought back, arguing the law violates his Second Amendment rights, especially since there was no evidence he was impaired while possessing the firearm.

In a surprising twist, the Eighth Circuit Court of Appeals partially sided with Baxter, suggesting the statute may be unconstitutional as applied to nonviolent, law-abiding marijuana users. 

If the supreme court takes the case and rules in favor of Baxter, it could establish a landmark precedent that protects the gun rights of medical marijuana users across the U.S.

State vs. Federal Law

In Ohio, the conflict is particularly sharp. The state allows for both medical and recreational marijuana sales, as of August 2024. Yet under federal law, anyone who uses marijuana is considered an unlawful user, and therefore barred from firearm possession.

Here’s how the laws break down:

State Law (Ohio)

• Medical marijuana is legal for qualified patients with a doctor’s recommendation.

• Recreational marijuana is legal as of August 2024, through licensed dual-use dispensaries.

• Ohio is a permit less carry state, meaning residents 21 and older can carry a concealed handgun without a license, if they are legally allowed to possess a firearm.

Federal Law

• Marijuana is illegal and classified as a Schedule I drug.

• Marijuana users, whether for medical or recreational purposes, are prohibited from owning firearms.

This leaves Ohio residents, especially patients, facing a difficult choice: use marijuana legally under state law or maintain their Second Amendment rights. Under current federal statutes, they cannot do both.

The ATF Form 4473 Dilemma

When purchasing a firearm from a licensed dealer, buyers must fill out ATF Form 4473. One of the questions asks whether the buyer is an unlawful user of marijuana or other controlled substances. The form explicitly states that even marijuana use under state law is considered unlawful federally.

Answering “no” while using marijuana is a federal crime, a false statement on a federal form. But answering “yes” disqualifies the buyer from legally purchasing a gun. This legal Catch-22 puts marijuana users, even law-abiding Ohio patients, in a risky legal position.

Private Gun Sales & Concealed Carry in Ohio

Ohio law allows private firearm sales without background checks or federal forms. In theory, a marijuana user could obtain a gun through private sale without triggering federal scrutiny. But possession while using marijuana still violates federal law.

Additionally, while Ohio’s permitless carry laws allow residents to carry concealed firearms, marijuana users are still federally prohibited from possessing guns, whether concealed or open carry.

The result? Patients may unknowingly commit a federal crime by carrying a firearm they legally purchased through state channels.

What to Watch in 2025 and Beyond

If the Supreme Court agrees to hear United States v. Baxter, its ruling could dramatically reshape the legal status of gun ownership for marijuana users nationwide, including in Ohio.

A ruling that strikes down § 922(g)(3) could:

• Protect medical marijuana patients' right to bear arms

• Prevent future gun charges for law-abiding marijuana users

• Force federal policy to reconcile with state-level marijuana laws

Until then, Ohioans must navigate the murky divide between federal and state law carefully. Consulting with a legal professional is recommended for anyone unsure of their rights or risks.

Know the Law, Protect Your Rights

The clash between marijuana use and gun rights is coming to a head. In Ohio, where both medical and recreational marijuana are legal and gun ownership is widespread, the need for clarity is urgent.

While the courts continue to weigh the issue, getting your medical marijuana card remains the most secure and beneficial way to access marijuana legally. It offers tax savings, higher limits, and better dispensary access, all under the protection of Ohio state law.

But as long as marijuana remains federally illegal, gun-owning patients must tread carefully. Keep an eye on the Supreme Court, because the next ruling could determine whether patients truly have to choose between their health and their constitutional rights.

Get Your Medical Marijuana Card Today!

Having a medical marijuana card in Ohio offers numerous benefits over recreational use. With your medical card, you gain access to higher-quality, lab-tested products, personalized care from knowledgeable physicians, and exclusive dispensary discounts, ensuring you receive safe, effective, and affordable relief. Not to mention, the tax savings are significant when you have your medical card. 

Ohio’s medical marijuana program is tailored to prioritize patients’ needs, with evolving qualifying conditions and a commitment to improving access. Whether you’re managing chronic pain, anxiety, or another condition, your medical card empowers you to shop at licensed dispensaries with confidence, knowing you’re receiving products designed specifically for therapeutic use.

Thanks to telemedicine, obtaining your card is simple, quick, and convenient. With an Ohio Marijuana Card, you can complete your evaluation and receive a recommendation on the same day—all from the comfort of home! Schedule your appointment today!

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Doctors Who Care

Relief You Can Trust

At Ohio Marijuana Card, we’re here to make the process easy and stress-free. Our team is dedicated to helping you unlock the full benefits of Ohio’s medical marijuana program while improving your overall quality of life.

Don’t wait to start feeling better. Call us at (866) 457-5559 or schedule your evaluation today, and take advantage of the many benefits a medical card has to offer!