Firearms & MMJ
TEXAS MEDICAL MARIJUANA
AND GUN RIGHTS
Medical Marijuana & Gun Rights TX
Under the restrictions of the federal Gun Control Act, it is illegal for a person “who is an unlawful user of or addicted to any controlled substance” to possess, receive, or transport firearms or ammunition. This has raised concerns that participating in a medical marijuana program may cost patients their rights to possess firearms. However, the Texas Department of Public Safety has stated in an FAQ that they do not believe participation in the state’s CUP program disqualifies a person from possessing a firearm or obtaining a Texas License to Carry, although it’s possible that a patient’s underlying condition may disqualify them.
The following links provide more information and context but do not yet address how Second Amendment rights may be affected by the use of CBD or hemp-derived products as that is still a developing area of law.
- Section 922 in Title 18 of the U.S. Code
This section of the U.S. Code discusses various unlawful acts related to guns. Subsection (g) sets out who may be barred from possessing a firearm, including those who are “an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).” Hemp and hemp-derived substances, including CBD, were removed from the Controlled Substances Act in 2018, but marijuana and substances containing THC are still controlled substances under this law.
- Bureau of Alcohol, Tobacco, and Firearms open letter re: medical marijuana [PDF] In 2011, the ATF clarified that using marijuana, even if it was for medicinal purposes, could qualify someone as an unlawful user or addict of a controlled substance under the Gun Control Act.
- Texas Dept. of Public Safety Compassionate Use Program FAQ
Texas DPS states that they do not believe participation in the CUP program necessarily disqualifies a patient from obtaining or maintaining a Texas License to Carry, although other factors may apply. Please see question #13 for more details.
- Will Texans give up gun rights to get medical marijuana? Federal government says they have to.
This article from the Dallas Morning News discusses the conflict between medical marijuana laws and the right to possess firearms under the federal Gun Control Act.