Department of Justice Decides to Help Marijuana Users Restore Their Gun Rights: What You Need to Know

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

For years, federal firearm laws have created a complicated situation for those who use marijuana legally across the U.S. Even when marijuana use is legal under state law, federal law has historically treated certain marijuana users as prohibited from possessing or purchasing firearms.

That situation is now changing.

In August 2026, the U.S. Department of Justice (DOJ) finalized a new Federal Firearm Rights Restoration rule that creates a process for certain people who have lost their federal firearm rights to apply to have those rights restored. More importantly for marijuana users, the new rule specifically excludes marijuana from certain drug-related disqualifications.

For Virginia residents who use medical marijuana, this is an important federal development. However, the new rule does not mean that every marijuana user automatically has the right to own or purchase a firearm.

Here's what you need to know.

Why Marijuana Use and Gun Rights Have Been Connected

Federal firearm law has traditionally prohibited certain individuals who are considered an "unlawful user of or addicted to" controlled substances from possessing firearms.

Because marijuana was federally classified as a controlled substance, marijuana users could face firearm restrictions even when their marijuana use was legal under state law.

This created a significant conflict for medical marijuana patients. A person could legally use medical marijuana under Virginia law while still facing restrictions under federal firearm laws.

The issue eventually reached the U.S. Supreme Court in United States v. Hemani. In June 2026, the Supreme Court ruled that the federal government could not automatically prohibit the defendant from possessing a firearm simply because he was a regular marijuana user. The decision was narrow and did not eliminate every federal firearm restriction involving controlled substances, but it significantly changed the legal landscape for marijuana users.

This decision came as the federal government was also changing how marijuana is classified. In 2026, the federal government moved marijuana from Schedule I to Schedule III under the Controlled Substances Act, recognizing accepted medical use and placing marijuana in a less restrictive federal drug category. This federal rescheduling is relevant to the broader changes surrounding marijuana users and firearm rights, although it does not make marijuana completely legal under federal law.

The DOJ's new firearm-rights restoration rule reflects these developments and creates a pathway for certain individuals to seek restoration of their federal firearm rights.

What the New DOJ Rule Says About Marijuana

One of the most important parts of the new rule is how it defines "controlled substance."

The final rule states that the definition of a controlled substance for this firearm-rights restoration process does not include marijuana. It also excludes people whose only unlawful use of or addiction to a controlled substance involves marijuana from certain presumptive disqualifications.

This means that marijuana use alone does not automatically prevent someone from applying to restore their federal firearm rights under these provisions.

The DOJ explained that it made this change in response to the Supreme Court's decision in United States v. Hemani and the significant number of public comments it received regarding marijuana users and firearm rights.

Does This Mean All Marijuana Users Can Own a Gun?

No. The new rule does not create an unlimited right for every marijuana user to possess a firearm. Other federal prohibitions can still apply.

The DOJ's restoration process is designed to evaluate applicants individually. Factors such as criminal convictions, public safety concerns, and other federal firearm prohibitions can still affect an application.

For example, certain recent felony convictions involving the manufacture, import, export, distribution, or dispensing of a controlled substance can still create a disqualification. The DOJ also retains the ability to consider whether an applicant is likely to act in a way that presents a danger to public safety.

Therefore, someone who uses marijuana and has another federal or state firearm prohibition cannot assume that the new rule automatically restores their rights.

What About Virginia Medical Marijuana Patients?

Virginia has a legal adult-use marijuana market, but recreational marijuana sales are not currently legal. Adults 21 and older can legally possess and use marijuana within Virginia's limits, but there are no licensed recreational marijuana retail sales. So, if you want to buy marijuana in Virginia, you must have an active medical marijuana card.

At Virginia Marijuana Card, patients can meet with one of our marijuana doctors through telemedicine from the comfort of home. Before your appointment, it is helpful to gather any medical records that document your condition, symptoms, or previous treatments. These records can give the marijuana doctor a better understanding of your medical history and help guide the evaluation.

During the evaluation, the doctor reviews the patient's medical history, symptoms, and individual circumstances to determine whether medical marijuana is appropriate. Virginia does not limit medical marijuana to a specific list of qualifying conditions, so a patient can discuss any condition or symptoms they are experiencing with a marijuana doctor.

If you do not have medical records documenting your condition, don't worry. When appropriate, you can schedule a $39 Diagnosis Consultation, where a marijuana doctor can evaluate your symptoms and determine whether a diagnosis is appropriate. This gives patients who do not have existing documentation an opportunity to discuss their symptoms and medical needs with a marijuana doctor.

If the marijuana doctor determines that you can benefit from medical marijuana, they can issue your written certification through the Virginia Cannabis Control Authority (CCA) Portal. The certification is available digitally, so you do not have to wait for a physical card. Once certified, you can visit a licensed medical marijuana dispensary with your government-issued photo ID and your printed or digital marijuana card to purchase approved medical marijuana products. Virginia Marijuana Card can guide you through each step of the process, from your telemedicine evaluation to accessing your certification and visiting a dispensary.

Receiving a Virginia medical marijuana certification and having firearm rights are two separate legal issues. A medical marijuana certification does not automatically restore firearm rights, and the DOJ's new firearm-rights restoration process does not determine whether someone qualifies for Virginia's medical marijuana program.

What This Means for Those Who Previously Lost Their Gun Rights

The biggest change is that some people who previously faced federal firearm restrictions now have a formal pathway to request restoration of their rights.

Under the DOJ's new process, eligible individuals can submit an application for restoration. The DOJ reviews applications individually and considers the applicant's circumstances and public safety.

For marijuana users, the new rule is significant because marijuana use itself is no longer treated as an automatic presumptive disqualifier under the relevant restoration provisions.

That does not guarantee approval. Applicants still need to meet the requirements of the restoration process and must not have another disqualifying factor that prevents them from legally possessing firearms.

What Marijuana Users Should Do Now

If you use medical marijuana legally in Virginia and have questions about your firearm rights, it is important to understand that this is a legal issue, not a medical one.

A marijuana doctor can discuss your medical marijuana use, review your health history, and determine whether you can qualify for Virginia's medical marijuana program. A marijuana doctor cannot determine whether you are legally permitted to purchase or possess a firearm.

If you have previously lost your firearm rights, have a criminal conviction, or are unsure whether federal or state firearm restrictions apply to you, speak with a qualified firearms attorney before purchasing or possessing a firearm.

Important: Auren Alternative Health (DBA Virginia Marijuana Card) does not provide legal advice. Questions regarding firearm ownership, firearm purchases, concealed carry permits, or how federal and state laws apply to your individual circumstances should be directed to a qualified attorney.

Federal rules are changing quickly, and individual circumstances can make a significant difference.

What Virginia Medical Marijuana Patients Should Know

The DOJ's new rule represents a major change in how federal firearm-rights restoration considers marijuana use. Following the Supreme Court's 2026 decision, the federal government has moved away from automatically treating marijuana use as a reason to deny certain firearm-rights restoration applications.

Still, marijuana remains subject to a complex combination of federal and Virginia laws. The new rule does not mean that marijuana is completely legal under federal law or that every medical marijuana patient can automatically own a firearm.

Get Your Medical Marijuana Card Today

Lucky for you, medical marijuana is 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!