Subscribe
  • News
    • Local
    • Regional
    • Business
    • Real Estate
    • Outlaw Partners
  • Arts & Entertainment
  • Opinion
  • Sports
  • Yellowstone
  • Events
Menu
  • News
    • Local
    • Regional
    • Business
    • Real Estate
    • Outlaw Partners
  • Arts & Entertainment
  • Opinion
  • Sports
  • Yellowstone
  • Events

Guns or marijuana, but not both

in News
Guns or marijuana, but not both
Guy Sagi / Adobe Stock
EBS Staffby EBS Staff
January 25, 2022

According to the federal Gun Control Act of 1968, marijuana customers — legal and otherwise — are prohibited from possessing firearms.

By Max Savage Levenson MONTANA FREE PRESS

While marijuana became legal for adults to purchase in Montana on New Year’s Day, a key federal agency has confirmed a fact underreported in coverage of the state’s new marijuana program: It remains illegal under federal law for individuals to simultaneously possess marijuana or marijuana products and firearms, and penalties for violating that law are severe.

The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives confirmed the policy to Montana Free Press last week, noting that the federal Gun Control Act prohibits a person who possesses a controlled substance from possessing a firearm or ammunition. Cannabis is currently recognized as a Schedule 1 Controlled Substance. 

Article Inline Ad Article Inline Ad Article Inline Ad
ADVERTISEMENT

“The Gun Control Act (GCA) prohibits a person who uses a controlled substance from possessing a firearm or ammunition,” ATF Public Information Officer Crystal McCoy told MTFP.

The question is complicated by a federal form required for purchasing a firearm. It asks the applicant, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” The form does not specify that even if marijuana is lawful in the applicant’s state of residence, it remains unlawful in the eyes of the bureau.

“Anyone who is currently using marijuana, whether for ‘medicinal’ purposes or otherwise, should answer ‘yes’ [on the form],” McCoy explained via email.

The Gun Control Act (GCA) prohibits a person who uses a controlled substance from possessing a firearm or ammunition.

ATF PUBLIC INFORMATION OFFICER CRYSTAL MCCOY

McCoy further noted that the Bureau’s position is longstanding. She cited a 2011 open letter penned by Arthur Herbert, the Bureau’s Assistant Director of Enforcement Programs and Services, offering guidance on the subject. “Marijuana, as mentioned above, is listed in the [Controlled Substance Act] as a Schedule I controlled substance … and Federal law does not provide any exception allowing the use of marijuana for medicinal or recreational purposes, even if authorized by state law,” Herbert wrote at the time.

McCoy additionally cited a 2011 case in which S. Rowan Wilson, a medical marijuana patient in Nevada, claimed in court that the policy violated her constitutional rights. In 2016, the 9th Circuit Court of Appeals ruled against Wilson and in favor of the U.S. Department of Justice and ATF. 

In Montana, enforcement of the policy largely hinges on self-reporting, since the state is prohibited from tracking marijuana customers or putting them on a list. The Montana Department of Revenue and Department of Justice both declined to provide comment for this story. DOJ suggested contacting a federal agency.

Violations of the law are punishable with a fine of up to $10,000 and a jail sentence of up to 10 years.  

As the libertarian Reason Foundation points out, the policy is unlikely to change until either marijuana is descheduled from the list of federally controlled substances or the Gun Control Act is amended to include exceptions for medical marijuana patients or states with legal marijuana markets.

ADVERTISEMENT
Outlaw Realty Outlaw Realty
ADVERTISEMENT
ADVERTISEMENT

Listen

Hoary Marmot Podcast

Joe Borden & Michele Veale Borden

Lastest Episode
See More Episodes
outlaw realty montana outlaw realty montana
ADVERTISEMENT
Outlaw Realty Big Sky Bozeman
ADVERTISEMENT

Upcoming Events

Jul 9
11:00 am - 5:00 pm Event Series

June Show at the Big Sky Artists’ Studio & Gallery

Jul 9
12:15 pm - 1:30 pm Event Series

Community Yoga

Jul 9
5:00 pm - 8:00 pm Event Series

Post 99 Honey sales

Jul 9
6:00 pm - 8:00 pm Event Series

Pickup Ultimate Frisbee

Jul 10
11:00 am - 5:00 pm Event Series

June Show at the Big Sky Artists’ Studio & Gallery

View Calendar
Event Calendar

Related Posts

Gallatin Whitewater Fest celebrates community, competition and crowns river royalty
Featured

Gallatin Whitewater Fest celebrates community, competition and crowns river royalty

July 1, 2025
Uncle Dan’s Cookies moves forward with new owner, same sweet legacy
Business

Uncle Dan’s Cookies moves forward with new owner, same sweet legacy

June 30, 2025
To the Tune of Hope
Featured

To the Tune of Hope

June 27, 2025
Big Sky Community Food Bank looks ahead to summer opportunities, reflects on pandemic challenges
Local

Big Sky Community Food Bank looks ahead to summer opportunities, reflects on pandemic challenges

June 26, 2025

An Outlaw Partners Publication

Facebook-f Instagram X-twitter Youtube

Explore Big Sky

  • About/Contact
  • Advertise
  • Publications
  • Subscriptions
  • Podcast
  • Submissions

Outlaw Brands

  • Mountain Outlaw
  • Plan Yellowstone
  • Big Sky PBR
  • Wildlands Music
  • Outlaw Partners
  • Outlaw Realty
  • Hey Bear

Copyright © 2025 Explore Big Sky | Terms of Use | Privacy Policy | Your Privacy Choices

No Result
View All Result
  • News
    • Regional
    • Business
    • Outlaw Partners
  • Yellowstone
  • Arts & Entertainment
  • Sports
  • Opinion
  • Real Estate
  • Events

©2024 Outlaw Partners, LLC. All Rights Reserved.

Explore Big Sky Logo
  • News
    • Local
    • Regional
    • Business
    • Real Estate
    • Outlaw Partners
  • Arts & Entertainment
  • Opinion
  • Sports
  • Yellowstone
  • Events
Subscribe
Facebook X-twitter Instagram Youtube