Gun Ownership for MMJ Patients in Kentucky?

  1. Kentucky Cannabis
  2. Kentucky Marijuana Laws
  3. Gun Ownership for MMJ Patients in Kentucky?

Can You Own a Gun with a Medical Card in Kentucky?

There are no medical marijuana cardholders in Kentucky as of 2024. However, Kentucky permits concealed carry and open carry of firearms for residents aged 18 or older.

Can Kentucky Medical Cannabis Patients Legally Carry Firearms Without Permits?

Qualifying patients in Kentucky can only register for medical marijuana by 2025. Generally, Kentucky residents can carry shotguns, rifles, and handguns without firearm licenses.

Does Kentucky Require Background Checks for MMJ Patients Seeking Gun Licenses?

While the state will not have medical marijuana patients until 2025, Kentucky laws require background checks for any resident seeking to purchase guns.

Can You Get a Kentucky Medical Marijuana Card After Getting a Gun License?

There are no medical marijuana cardholders In Kentucky as of 2024.

Legal History of Gun Ownership for MMJ Patients in Kentucky

The medical marijuana law in Kentucky, Senate Bill 47, will not take effect until 2025. Currently, there are no gun ownership legislations related to cannabis patients in the state.

What Federal Law Says About the Firearm Rights of Medical Marijuana Users

In 2011, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) sent a notice to licensed gun dealers prohibiting them from selling firearms to medical marijuana cardholders across the country. The letter complied with the Gun Control Act of 1968 (GCA). According to the GCA, controlled substance users are prohibited from purchasing or possessing guns in the U.S. The Drug Enforcement Administration (DEA) also classifies marijuana as a Schedule 1 controlled substance, which means medical marijuana users are not allowed to own or carry guns.

In 2016, the 9th Circuit Court of Appeals upheld federal laws after dismissing the Wilson v. Lynch lawsuit. According to the court ruling, the federal law prohibiting medical marijuana cardholders did not violate citizens' Second Amendment rights to keep and bear arms. In response to the court ruling, the ATF issued another notice to all federal firearm licensees (FFLs) in 2016, reminding them that it is illegal to sell guns to medical marijuana patients. Before selling firearms, licensed gun dealers are required to provide buyers with the ATF Form 4473. Potential buyers must indicate if they consume cannabis or own medical marijuana cards. Providing wrong information on the form may result in up to 10 years imprisonment in federal prison and a $250,000 fine.

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