Marijuana Moment: New ATF Gun Form Recognizes Medical Marijuana’s Federally Legal Status Under Trump’s Rescheduling Move

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A federal agency is proposing to update a gun purchase form to acknowledge the federally legal status of medical marijuana under the Trump administration’s recent move to reschedule the drug.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on Friday posted a proposed revised version of Form 4473, which must be filled out by anyone purchasing a gun from a federally licensed firearms dealer. For years, the document has contained a question that asks whether the buyer unlawfully uses cannabis or other federally controlled substances, in accordance with a law that makes it a crime for such persons to possess or purchase firearms.

Until now, the question has read:

“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.”

But under ATF’s new form, which is part of a suite of new administrative steps intended to reduce burdens on firearms owners and businesses, guy buyers would instead have to attest to the following statement:

“I am not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance. (Warning: You can be an unlawful user under federal law, even if your possession is legal under state law. Federal law does not permit the use or possession of marijuana for recreational purposes.)”

The section notably says that only “use or possession of marijuana for recreational purposes” is federally prohibited, leaving out the prior form’s mention of medical cannabis.

The change is likely due to the fact that last month, Acting Attorney General Todd Blanche issued an order that immediately moved marijuana products regulated by a state medical cannabis license to Schedule III of the Controlled Substances Act (CSA), and similarly rescheduled marijuana products that are approved by the Food and Drug Administration (FDA). A hearing to consider broader cannabis rescheduling is scheduled for this summer.

The Congressional Research Service published a report on the current cannabis rescheduling move explaining that certified patients who possess medical marijuana from state-licensed dispensaries now have certain protections under Schedule III. “The order appears to authorize end users to possess marijuana for medical use without a CSA-compliant prescription,” it says.

ATF is accepting public comments on the revised gun purchase form through July 7.

Kostas Moros, director of legal research and aducation for the Second Amendment Foundation (SAF), told Marijuana Moment that the group is “happy to see that the ATF’s new draft form 4473 already takes into account its recently announced rescheduling of cannabis, and thus the form no longer includes medical marijuana use or possession as disqualifying.”

Separately last month, Blanche suggested that the Trump administration may soon stop aggressively defending 922(g)(3), the federal law that criminalizes gun possession by people who consume marijuana and other illegal drugs.

A reporter asked the acting attorney general at a briefing on the administration’s new gun policies whether DOJ is “reconsidering” its stance of defending laws disarming marijuana consumers or those who have other nonviolent convictions from legal challenges under the Second Amendment.

“Yes, of course we are,” he said. “Every case is different. The facts leading up to where we are in a litigation is different, whether we’re at the district court level, whether we’re at the court of appeals.”

“It’s not rational, or it’s not possible for us to just unwind on a given Monday. We just recently got out of a case two weeks ago that had been pending for a long time,” Blanche said. “We’ve recently argued some cases in front of the Supreme Court. We’ve had some cases in the court of appeals, and this is something that we’re looking carefully at case by case to make sure that we are doing the right thing—consistent with the Constitution, consistent with the Second Amendment, consistent with this administration’s priorities.”

“And so yes, it’s not as smooth as a single day, but it’s also not as clunky as taking forever,” the attorney general said.

In March, however, the Trump administration argued before the U.S. Supreme Court that the federal law barring cannabis consumers from owning guns is constitutional under the Second Amendment. And last month, Solicitor General D. John Sauer sent the justices a letter saying that the Trump administration’s move to federally reschedule marijuana should not impact their decision in that case, U.S. vs. Hemani.

Moros of SAF told Marijuana moment that ATF “may soon be forced to revise the form even further following what we hope will be a favorable ruling” in that case.

Separately, ATF moved earlier this year to loosen rules that bar people who consume marijuana and other illegal drugs from being able to lawfully purchase and possess guns by making it so fewer people would be affected.

The interim final rule from ATF, which is currently open for public comment through June 30, seeks to update the definition of “unlawful user of or addicted to any controlled substance” under an existing policy that has been interpreted to deny Second Amendment rights to people who have used illegal substances a single time within the past year.

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