SCR 124: Kentucky Pushes Congress to Amend Gun Control Act for Medical Cannabis Patients

26 February 2026

Kentucky Lawmakers Urge Congress to Address Conflict Between Medical Cannabis Use and Federal Gun Law

Kentucky lawmakers are asking Congress to reconsider how federal firearms law applies to medical cannabis patients in the Commonwealth.

On February 26, 2026, state senators filed Senate Concurrent Resolution 124, a measure urging Kentucky’s congressional delegation to support amending the federal Gun Control Act of 1968. The goal is straightforward. Lawmakers want Kentucky medical cannabis patients to be allowed to purchase and possess firearms without running afoul of federal law.

At the center of the issue is a legal disconnect. The Gun Control Act prohibits firearm possession by anyone considered an “unlawful user” of a controlled substance. Cannabis remains classified as a Schedule I substance under the federal Controlled Substances Act. There is no exemption for state-legal medical use.

That federal classification stands in contrast to Kentucky’s own policy. The General Assembly passed Senate Bill 47 in 2023, creating a regulated medical cannabis program. The program took effect on January 1, 2025. Patients now legally use cannabis to treat qualifying conditions such as chronic pain and chemotherapy-induced nausea and vomiting.

Supporters of the resolution argue that this dual system creates confusion and legal risk. A patient may comply fully with Kentucky cannabis law yet still be considered an unlawful user under federal firearms statutes. Federal background check forms require prospective gun buyers to disclose marijuana use, even if that use is permitted under state law.

The resolution states that citizens should not be forced to choose between accessing essential medical care and exercising their Second Amendment rights. It frames the issue as one of constitutional consistency, suggesting that lawful participation in a state medical program should not automatically trigger federal firearm restrictions.

The measure was introduced by Senators Gary Clemons, Karen Berg, and Reginald Thomas. As of February 26, 2026, it has been referred to the Senate Committee on Committees. If adopted, the resolution would be transmitted to members of Kentucky’s congressional delegation, formally requesting federal legislative action.

For medical cannabis patients, the stakes are personal. Some may hesitate to enroll in or remain in the program if they believe it could affect their ability to own firearms. Others may already be weighing that decision. The resolution does not change federal law on its own, but it signals that state lawmakers are aware of the tension.

For cannabis businesses and industry observers, the development highlights a broader challenge. As more states implement medical or adult-use cannabis programs, the gap between state reform and federal classification continues to surface in unexpected ways. Firearms policy is only one example, yet it is a highly visible one in a state like Kentucky, where gun ownership is common.

Whether Congress takes up the request remains uncertain. For now, Kentucky patients operate within a system where state legality and federal prohibition coexist, and sometimes collide.