On Thursday, April 23, Department of Justice Acting Attorney General Todd Blanche signed an order rescheduling marijuana from Schedule I to Schedule III. This dramatically shifts the federal government’s position on controlled substances, but leaves gun owners with more questions than answers.
The rescheduling from Schedule I to Schedule III is not a legalization of recreational marijuana, but it does recognize FDA-approved products and state-regulated medical marijuana programs and allows certain tax relief for businesses. More significantly for gun owners, however, the move raises the question of how the federal government will treat marijuana usage as it relates to firearms ownership.
As part of the announcement, Blanche stated that the DOJ is, “Ordering a new, expedited hearing with set deadlines, to fully reschedule marijuana.”
The ubiquitous ATF Form 4473 (a record of a firearm transaction) requires the buyer to disclose whether they are “an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.” Not only does the form not define what an “unlawful user” is, but the question is also the subject of numerous court cases, including U.S. v. Hemani (pending before the U.S. Supreme Court) and Greene v. Bondi (on appeal in the Third Circuit in Pennsylvania).
“By reclassifying medical marijuana to a lesser class, that argument is weakened and our position that medical marijuana users cannot be constitutionally disarmed is bolstered,” stated the Second Amendment Foundation in an X thread. The SAF-backed Greene v. Bondi case was brought in 2024.
Many have argued that marijuana should be treated similarly to alcohol in that prohibition should not be applied to presently intoxicated individuals who are not in possession of a gun, a position that courts are currently grappling with.
While the courts mull over definitions and behaviors, the administrative state is also taking action. In January, the ATF published a proposed notice of rulemaking entitled “Revising Definition of ‘Unlawful User of or Addicted to Controlled Substance,'” in which it seeks to update the definition of “unlawful user.” The ATF is accepting public comments on the rule up until June 30.
Commenting on the DOJ’s recent move, Gun Owners of America stated, “For too long, gun owners with medical marijuana cards had to choose between their health and their right to self-defense. This move helps clear the path to end the ‘prohibited person’ status for legal medical users!”
