Where Does the Supreme Court Stand on Gun Rights for Marijuana Users?

Virginia stands at a legal crossroads when it comes to marijuana and gun ownership. While the state has legalized both medical and recreational marijuana, only patients with a medical marijuana card currently have access to dispensaries. 

Recreational sales remain unavailable, creating a situation where Virginians must turn to the medical system to legally purchase marijuana. But even for legal users, federal law poses serious complications, especially for those who also wish to exercise their Second Amendment rights.

As a landmark case works its way toward the U.S. Supreme Court, the future of gun rights for marijuana users, particularly in Virginia, is hanging in the balance.

Marijuana and Guns Don’t Mix Federally

Under federal law, marijuana is still classified as a Schedule I controlled substance. This outdated classification means that any marijuana use, medical or recreational, is illegal in the eyes of the federal government. Consequently, federal gun laws treat marijuana users as “unlawful users of a controlled substance.”

Specifically, 18 U.S.C. § 922(g)(3) makes it illegal for these individuals to possess firearms or ammunition. The statute applies across all 50 states, including Virginia, regardless of whether state law permits medical or recreational marijuana use.

So even if you're a fully legal medical marijuana patient in Virginia, you're considered a prohibited person under federal law, and owning or purchasing a gun could expose you to felony charges and up to 10 years in prison.

The Supreme Court May Step In

A case with the potential to reshape federal gun policy for marijuana users is currently in limbo. United States v. Baxter involves a man arrested with both marijuana and a loaded pistol. He challenged his charges under § 922(g)(3), claiming that stripping him of his Second Amendment rights for marijuana use was unconstitutional, especially because he wasn't under the influence at the time.

While the district court dismissed his argument, the Eighth Circuit Court of Appeals reversed in part, suggesting the federal ban may be too broad when applied to law-abiding, nonviolent individuals. Now, Trump-appointed Solicitor General D. John Sauer has requested more time to decide whether to ask the U.S. Supreme Court to take up the case.

If the Court agrees to hear it and sides with Baxter, it could narrow or overturn the federal gun ban on marijuana users nationwide, including in Virginia.

Virginia’s Marijuana Laws

Virginia legalized recreational marijuana in 2021, allowing adults 21 and older to possess, use, and grow limited amounts for personal use. However, the state has yet to create a legal marketplace for recreational sales. This means that the only way to legally buy marijuana in Virginia is by becoming a medical marijuana patient.

The state’s medical marijuana program is accessible to patients with a wide range of qualifying conditions. With a recommendation from a registered healthcare provider, residents can apply for a medical marijuana card and purchase products from licensed dispensaries across the state.

This creates a complex legal situation; Virginians can lawfully use marijuana under state law and legally carry firearms under Virginia’s gun laws, but not both at the same time under federal law.

The Federal Form 4473 Trap

When purchasing a firearm from a federally licensed dealer, all buyers must complete ATF Form 4473, which includes a question about marijuana use. The form explicitly states that marijuana use, even if legal under state law, still makes you a prohibited person under federal law.

Answering “no” while using marijuana is a felony for making a false statement. But answering “yes” will cause your firearm purchase to be denied. This is where many medical marijuana patients find themselves stuck between honesty and their constitutional rights.

Concealed Carry and Marijuana Use in Virginia

Virginia allows eligible residents to apply for a concealed handgun permit (CHP). However, the application includes questions about unlawful substance use. For medical marijuana users, this becomes a gray area. While you are legal under Virginia law, you’re technically an “unlawful user” under federal law, which could complicate your application or put you at legal risk later.

And while Virginia does not require a permit to open carry, the federal prohibition still applies, meaning any marijuana user carrying a firearm, open or concealed, could be violating federal law.

What to Watch in 2025 and Beyond

If the Supreme Court takes up United States v. Baxter, the ruling could reshape how marijuana users are treated under federal gun laws. Striking down or narrowing § 922(g)(3) would restore gun rights to law-abiding marijuana users, reduce legal risks for registered patients, and pressure the federal government to update its outdated drug policies. Legal experts and advocacy groups like the Firearms Policy Coalition argue there’s no historical basis for banning firearm ownership based solely on marijuana use, especially without violence or impairment.

Until a ruling is made, Virginia patients must navigate carefully. The safest path is to follow state law, obtain a medical marijuana card to legally access dispensaries, and remain truthful on federal firearm forms. Staying informed and seeking legal guidance when necessary is key.

The ongoing conflict between state legalization and federal prohibition puts patients in a difficult position. But with growing public support and legal challenges underway, there’s hope that medical marijuana users in Virginia may soon no longer have to choose between relief and their Second Amendment rights. Until then, caution and compliance remain essential.

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 if you have a qualifying condition.

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

There are also countless benefits to having your medical card in a recreational state! You will save money on taxes and marijuana products, and you will enjoy higher possession and purchase limits if you have your medical card in Virginia!

To qualify for your medical marijuana card, you will need to have a condition that makes you eligible. If you aren’t sure if you would qualify, give us a call, and we can answer any questions you may have about the process.

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. With telemedicine, it is now easier than ever to get your medical card from the comfort of your own home!

In Virginia, any inhibiting condition could qualify you for your medical card. If you don’t already have it, we can help! Schedule an evaluation online today, and we’ll make an appointment for you with one of our knowledgeable, compassionate doctors.

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Doctors Who Care.

Relief You Can Trust.

At Virginia Marijuana Card, our mission is to help everyone achieve wellness

safely and conveniently through increased access to MMJ. Our focus on

education, inclusion, and acceptance will reduce the stigma for our patients by

providing equal access to timely information and compassionate care.

Call us at (888) 633-5808, or simply book a medical marijuana evaluation to start getting relief you can trust today!