New ATF Gun Form Recognizes Medical Marijuana's Federally Legal Status Under Trump's Rescheduling Move

Posted by Sladay@reddit | Firearms | View on Reddit | 54 comments

So this is super interesting. I didn't notice this part of the form change when I was filling out my federal comments yesterday. The section regarding drug use is going to be changed and says that only “use or possession of marijuana for recreational purposes” is federally prohibited, leaving out the prior form’s mention of medical cannabis.

https://www.regulations.gov/document/ATF-2026-0001-0001 this is the Federal register posting for it. The comment period doesn't end until August 6th.

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lunarhospital@reddit

I want to know if a state medical marijuana card holder is in the clear /now/ since it is already Schedule III on a federal level. My state is facing a ban so I don’t really have time to wait for the revised Form 4473…

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Sladay@reddit (OP)

That would be a potential question for a lawyer. Because when you purchase a firearm you still have to fill out the 4473 and that question has not been updated yet.

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GayRedditUser69420@reddit

Not to mention they fixed the whole "straw purchase" thing. Made the whole form 4473 far less of an entrapment.

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Devils_Advocate-69@reddit

So I can finally start experimenting with marijuana cigarettes?

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Sladay@reddit (OP)

Only if you are in compliance with your state medical law. That's the kicker.

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Devils_Advocate-69@reddit

Darn it

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A_Queer_Owl@reddit

it's not hard to get a medical card in most states.

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Devils_Advocate-69@reddit

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bananaland420@reddit

Only if you don’t inhale.

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machu505@reddit

Sonofabitch. I let my med card expire....

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Dependent-Edge-5713@reddit

I'm about to get mine WOOP WOOP HATCHETS OUT MUTHAFUCKA

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Dependent-Edge-5713@reddit

My bingo card is so confused

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GENERAT10N_D00M@reddit

it’s all bullshit. caffeine is a stimulant. if you drink a cup of coffee in the morning, you are legally barred from owning firearms.

abolish this shit. it’s nonsense.

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AlphaTangoFoxtrt@reddit

if you drink a cup of coffee in the morning, you are legally barred from owning firearms.

No, you're not. Because you are not an "unlawful user" or "addicted to".

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GENERAT10N_D00M@reddit

think with me here. if you are a daily user of a drug, even a legal, socially acceptable drug, guess what? most people would say you’re addicted.

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specter800@reddit

ITT: A reddit user tries to use pedandic reddit/twitter logic as if it were how real law works.

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GENERAT10N_D00M@reddit

i am not a lawyer, but i do work in healthcare. So i can factually state caffeine is a drug. A stimulant drug. A potent drug that has potential for addiction. many of the people who are addicted do not even know they’re addicted. the way the form is written, it says ‘are you an unlawful user OR addicted to….stimulants.’

pedantic or not, the keyword is ‘or.’ Not ‘and.’ And yes, i know it’s stupid.

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specter800@reddit

...or any other controlled substance. "Enlightened" redditors that think coffee is as bad as heroin don't have enough power in legislature yet to have coffee qualified as a controlled substance.

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smokeyser@reddit

But it specifically refers to controlled substances.

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Sladay@reddit (OP)

Exactly. Only federally controlled substances fall under the regulation.

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AlphaTangoFoxtrt@reddit

Doesn't matter what people would say, people are wrong all the time, especially in terms of law. How many people still think courts rule "Guilty/Innocent"?

In the terms of law, which is what we are discussing, addiction is a diagnosis.

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GENERAT10N_D00M@reddit

this comes back to the original point i was trying to make. if this were abolished, me and you wouldn’t need to discuss the nuances and the definition of addiction and/or diagnosis.

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AlphaTangoFoxtrt@reddit

It should be abolished, yes. But your claim that having a cup of coffee makes you disqualified is simply incorrect.

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MediocreVibrations@reddit

If you are cranky ass without your coffee, and NEED your coffee to not be such, then it stands to reason you would be addicted to a stimulant.

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GENERAT10N_D00M@reddit

well, a doctor prescribed me 80mg Oxycontins. maybe i should start my day with one of those to stay within the confines of the law.

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quandjereveauxloups@reddit

That's one of the things I never understood. I have a medical cannabis card, got it from my pain management doc. I used to be on Hydrocodone. I took 1-3 a day, depending on pain. No problems getting a CCW.

Then I switched to medical cannabis, but now I'm not safe with guns? I wouldn't carry while I was actively on Hydro, and I wouldn't if I was actively on cannabis.

Of course, they're looking at the idiots who think it's cool to smoke a joint while driving. Fuck those people. Drugs and driving (and/or guns), don't mix.

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SomeRequirement6926@reddit

Here's where you are different:

I wouldn't carry while I was actively on Hydro, and I wouldn't if I was actively on cannabis.

You are a responsible adult. Unfortunately too many are not.

Example:

Of course, they're looking at the idiots who think it's cool to smoke a joint while driving. Fuck those people. Drugs and driving (and/or guns), don't mix.

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MediocreVibrations@reddit

So you are not an illegal user of such, therefore you are fine. Makes sense to me.

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AlphaTangoFoxtrt@reddit

In order to revoke your rights, the government must PROVE your rights can be revoked.

If you're not a diagnosed addict, you can answer no.

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MediocreVibrations@reddit

Of course. The question is stupid. It states “illegal user of or addicted to” if memory serves

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GENERAT10N_D00M@reddit

this is from the national institute of health in a clinical study about caffeine.

Thirty-five percent met the criteria for dependence when all seven of the adopted DSM dependence criteria were used. Rates of endorsement of several of the most applicable diagnostic criteria were as follows: 26% withdrawal, 23% desire to cut down or control use, and 44% continued use despite harm. In addition, 34% endorsed craving, 26% said they needed caffeine to function, and 10% indicated that they talked to a physician or counselor about problems experienced with caffeine.

https://pmc.ncbi.nlm.nih.gov/articles/PMC3621326/

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AlphaTangoFoxtrt@reddit

this is from the national institute of health in a clinical study about caffeine.

Cool study, still not a diagnosis.

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GOA_AMD65@reddit

I would actually argue that a lot of people are addicted to caffeine. Try quitting it for three days. It’s not easy.

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AlphaTangoFoxtrt@reddit

Addiction is a diagnosis when it comes to removing rights.

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HeadlessThompsonGunr@reddit

Could make the argument that you are a lawful user but addicted to.

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SomeRequirement6926@reddit

How can you say

drug use should not be a factor

I don't want you with a gun around me or my family or anyone else when you are high and/or addicted to drugs.

I don't want you around if you are drunk either. But alcohol isn't illegal.

And spare me the " medical marijuana is different " argument...

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HeadlessThompsonGunr@reddit

How about if I’m an alcoholic but not drunk when I’m around you?

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Independent_Bid_26@reddit

Well, most people are certainly at least a bit "addicted". If you get headaches when you dont drink coffee, or you feel irritable due to lack of caffeine, thats a signal of caffeine withdrawals. Most people are addicted to things without even knowing. Which sounds fucking crazy, but its true.

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muchgreaterthanG_O_D@reddit

The ATF hates this one trick!

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chattytrout@reddit

The word stimulant has been in there for ages. I'm fairly certain that no one in this country has been arrested or charged for caffeine related crimes.

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buffalo_herd_skater@reddit

Idk man, if I don’t have my caffeine first thing in the morning I might start criming.

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Mountain_Man_88@reddit

caffeine is a stimulant. if you drink a cup of coffee in the morning, you are legally barred from owning firearms.

-Me and all my Mormon and Seventh Day Adventist friends trying to ban guns for coffee drinkers

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Sladay@reddit (OP)

US v. Hemani still is waiting for an opinion from SCOTUS so depending on the ruling the entire question could be moot. Also in June is when they are supposed to have a further administrative hearing on cannabis for the recreational side I believe.

I agree that federal decriminalization or legalization of cannabis needs to happen but if this change becomes final, at least medical cannabis card holders can go buy a gun from an FFL again.

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No-Recognition-4931@reddit

If the comment period goes until August, I’m guessing we would see this change actually go into effect in 2027?

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Mr-Dazmo@reddit

4473 changes usually happen once a year and are usually first quarter. So most likely January or February of 2027

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Cryo_Jumper@reddit

The 4473 was last updated in 2023...

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NinjaBlasterPhoeniX@reddit

Still not legal?

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mkosmo@reddit

It's legal for use as a prescribed medicine, federally.

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Gunsensual@reddit

What surprised me looking into it is that the DEA proposed rescheduling marijuana to Schedule III in 2024 and it's been tied up in procedure since. True to Biden's form, he fumbled everything he attempted. Trump has since issued an EO to expedite and there's a DEA hearing scheduled for June.

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