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

As more states legalize medical marijuana, a growing number of patients are asking the same question: Can I still own a gun if I have a medical marijuana card? For patients in Arkansas, where medical marijuana is legal and recreational use remains prohibited, the answer is complicated, and it’s now making its way to the U.S. Supreme Court.

A legal battle brewing at the federal level could have significant consequences for Arkansas patients who use medical marijuana and also own or wish to own firearms. Here’s what you need to know about the current conflict between state and federal laws, how it affects Arkansans, and why having a medical marijuana card is still the right legal choice for qualified patients.

The Supreme Court and the Case That Could Change Everything

The case of United States v. Baxter is currently in the national spotlight. In this case, an Iowa man, Keshon Baxter, was arrested in 2023 with a loaded pistol and a small amount of marijuana. He was charged under 18 U.S.C. § 922(g)(3), a federal statute that prohibits firearm possession by “unlawful users of controlled substances.”

Baxter challenged the charge, arguing that the law violated his Second Amendment rights, especially since he wasn’t under the influence at the time of the arrest and hadn’t committed a violent crime. While a district court initially upheld the charge, the Eighth Circuit Court of Appeals reversed part of the ruling, questioning whether the statute could be constitutionally applied to Baxter.

The U.S. Solicitor General has requested more time to decide whether to escalate the case to the Supreme Court. If the Court accepts it, a ruling could determine whether marijuana users, including medical marijuana patients, can legally exercise their right to bear arms.

Marijuana and Firearms in Arkansas

Arkansas legalized medical marijuana in 2016, allowing qualified patients to purchase up to 2.5 ounces every 14 days from licensed dispensaries. Home cultivation remains illegal, so patients must rely on dispensary access.

In 2023, Arkansas passed Act 757, a major win for gun-owning medical marijuana patients. The law ensures that being a registered patient cannot be used to deny a concealed carry license, doesn’t invalidate existing gun licenses, and allows patients to apply for a gun license before or after getting their medical card.

However, all applicants must still pass a background check through the Arkansas State Police and FBI NICS system. This is where conflict arises, federal law still classifies marijuana as a Schedule I substance, making any use illegal at the federal level, even if it’s legal under state law. As a result, patients may still face federal legal risks when it comes to firearm ownership.

The Federal Conflict

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has made it clear: under federal law, anyone who uses marijuana, medical or not, is considered an “unlawful user of a controlled substance” and is therefore prohibited from owning or purchasing firearms.

This policy is enforced through ATF Form 4473, which all individuals must fill out when purchasing a firearm from a licensed dealer. The form specifically asks whether the applicant uses marijuana, even if it is legal under state law. Answering “yes” leads to a denial, and lying is a federal felony punishable by up to 10 years in prison.

So while Arkansas law now supports medical marijuana patients' gun rights, the disconnect between the state and federal law places Arkansas patients in a legal gray area.

A Potential Shift in Federal Law?

Several federal courts, including those in the Fifth, Eighth, and Tenth Circuits, have raised questions about the constitutionality of barring gun ownership solely on the basis of marijuana use. These courts argue that the Second Amendment does not support blanket disarmament of non-violent marijuana users, especially those who are legally following state law.

Organizations like the Firearms Policy Coalition (FPC) argue that there’s no historical precedent for disarming citizens simply because they use marijuana. In their view, gun restrictions should be based on dangerous behavior, not lawful medical use.

If the Supreme Court takes the Baxter case and rules against the federal government, it could set a national precedent allowing law-abiding marijuana users, including medical patients in Arkansas, to retain their Second Amendment rights.

Rights, Relief, and the Road Ahead

As the national legal debate continues, Arkansas patients should move forward with informed caution. If you’re both a medical marijuana patient and a gun owner, it’s important to be honest on ATF forms, never lie about marijuana use when purchasing a firearm. While Arkansas law offers certain protections, federal law still applies and can override state provisions in many cases. If you're uncertain about your legal status, it's best to consult with an attorney experienced in both firearm and marijuana law.

Remember, Arkansas supports your right to access medical marijuana, even if federal firearm laws remain restrictive. Patients shouldn’t have to choose between health and constitutional rights, but for now, that’s the difficult position many are in. Thankfully, Arkansas has taken steps to support gun-owning medical marijuana patients through Act 757, and additional changes may come depending on how the Supreme Court rules.

In the meantime, the safest course is to follow state law, get certified if you qualify, and seek legal guidance if you're concerned about firearm ownership. Relief is legal, and your rights are evolving, staying informed is the best way to protect both.

Get Your Medical Marijuana Card Today!

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Here at Arkansas Marijuana Card, we aim to help everyone achieve wellness safely and conveniently through increased access to medical marijuana. Our focus on education, inclusion, and acceptance will reduce the stigma for our patients by providing equal access to timely information and compassionate care.

Call us at (844)-249-8714 today, or book an appointment here.