Breaking News: Federal Government Moves to Change Marijuana and Gun Possession Rules

Don’t miss important updates about Virginia’s marijuana program. Subscribe to our newsletter and get the latest straight to your email!

The federal government is signaling a major shift in how marijuana is treated, both for medical and recreational use. Alongside the upcoming rescheduling of marijuana at the federal level, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is proposing changes to a long-standing policy that restricts firearm ownership for individuals who have used marijuana. 

At the same time, the U.S. Supreme Court is set to review a case that could further limit federal restrictions on firearm rights for marijuana users, potentially creating a significant legal precedent that complements the ATF’s proposed update.

This combination of changes shows that federal authorities are rethinking marijuana use and the policies around it, a shift that could directly impact Virginia residents who legally use marijuana under state law.

Current Federal Rule on Marijuana and Guns

Under current federal law, anyone considered an “unlawful user” of marijuana may be prohibited from purchasing or possessing a firearm. This applies even in states like Virginia, where medical and adult-use marijuana is legal, because marijuana remains classified as an illegal controlled substance under federal law.

In practice, this means:

• A single instance of marijuana use within the past year could result in a firearm denial

• Medical marijuana patients could still face federal restrictions despite following Virginia law

• Gun buyers have sometimes been forced to choose between using marijuana legally in their state and maintaining firearm ownership

This strict interpretation has created confusion and legal challenges nationwide, and many argue that it does not reflect current scientific understanding or state policies.

What the ATF Is Proposing

The ATF is proposing a policy update to change how marijuana use is considered for firearm eligibility. Instead of automatically denying firearm rights based on a single or past instance of marijuana use, the proposed enforcement approach would focus on whether marijuana use is recent and continuous in a way that directly relates to firearm eligibility under federal law.

Under the proposed rule:

• One-time or occasional marijuana use would no longer automatically disqualify firearm ownership

• Past marijuana use alone would not trigger a firearm ban

This update aligns federal enforcement more closely with recent court interpretations and signals a broader shift in how marijuana is viewed at the federal level. It also complements the upcoming federal rescheduling, which officially recognizes marijuana’s medical use and lowers its perceived risk.

Why This Matters for Virginia Residents

Virginia allows medical marijuana use, and adult-use marijuana is also legal, but federal firearm rules still apply. This difference can create uncertainty for residents who follow state marijuana laws while also wanting to exercise Second Amendment rights.

If the ATF’s proposal becomes final:

• Marijuana users in Virginia could face fewer federal firearm restrictions

• Medical marijuana patients could receive clearer guidance

• Firearm rules would better reflect real-world marijuana use

Until the rule is finalized, federal restrictions remain in effect.

Supreme Court Case Could Further Change the Landscape

In addition to the ATF’s proposed update, the U.S. Supreme Court is reviewing a case challenging whether federal firearm bans for marijuana users are constitutional. A ruling in favor of the plaintiffs could set a national precedent, limiting the federal government’s ability to deny firearm rights based solely on past or occasional marijuana use.

Combined with the ATF’s proposed rule and federal rescheduling, this decision could significantly modernize how federal law treats marijuana users and ensure that legal marijuana use under state law does not conflict with firearm rights.

Final Thoughts

The ATF’s proposed change, federal rescheduling, and upcoming Supreme Court decisions show that the federal government is rethinking its approach to marijuana. While nothing is official yet, these updates represent progress toward policies that better reflect science, state laws, and practical use.

Virginia marijuana users should continue monitoring federal updates by checking our blogs and subscribing to our newsletter to stay informed on how these changes may affect firearm rights moving forward.

Get Your Medical Marijuana Card Today

Lucky for you, medical marijuana is already available in Virginia! You can get your medical marijuana card and access dispensaries today! 

Recreational marijuana is legal in Virginia, but it does not mean much since there are no recreational dispensaries to purchase products from.

If you don’t already have your card, no worries. We can help! If you think you could benefit from medical marijuana, there is a good chance you would qualify for your medical card in the State of Virginia. There’s no list of qualifying conditions, so anyone with a medical condition could get a medical marijuana card! With telemedicine, it is now easier than ever to get your medical card from the comfort of your own home!

Schedule an evaluation online today, and we’ll make an appointment for you with one of our knowledgeable, compassionate doctors.

---

Doctors Who Care.

Relief You Can Trust.

At Virginia Marijuana Card, we’re here to make the process easy and stress-free. Our team is dedicated to helping you unlock the full benefits of Virginia’s medical marijuana program while improving your overall quality of life.

Don’t wait to start feeling better. Call us at (888) 633-5808 or schedule your evaluation today

For more blogs like this, plus patient resources and state updates, sign up for our newsletter!