Can I Buy A Gun If I Smoke Marijuana? New ATF Form Says YES… Under Certain Circumstances

May 18, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

A federal gun purchase form may be amended by the Bureau of Alcohol, Tobacco, and Firearms (ATF) to reflect that medical marijuana users are no longer violating federal law when they buy a gun.

In Florida, a common legal question is whether someone can permissibly purchase a firearm if they are a user of marijuana. Previously, the answer to this was NO. But now, the situation is a bit more complicated.

Marijuana use has become increasingly common in Florida since it was legalized for medical use in 2016. However, the federal government has continued to treat all marijuana use (recreational OR medical) as impermissible – disqualifying someone from purchasing a firearm from federally licensed dealers if they use marijuana in any way. For more, click here.

But this blanket federal prohibition may be changing. In May of 2026, the Bureau of Alcohol, Tobacco, and Firearms (ATF) issued a proposed update to a key federal firearm purchase form (Form 4473). This form must be filled out by anyone who is purchasing a gun from a federally licensed firearm dealer. As of now, a question on the form reads:

“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”

The wording of this question indicates that ANY use of marijuana, for any reason, is grounds for someone to be denied the right to purchase a firearm. This is because under federal law (which trumps state law under the U.S. Constitution’s Supremacy Clause), marijuana remains classified as a controlled substance. Medical AND recreational use are impermissible.

However, in 2026, the Trump administration (through the FDA) moved to reschedule marijuana, making it a Schedule III rather than Schedule I substance. This means that marijuana technically remains a “controlled substance,” but the federal government has effectively decriminalized its medical use (since valid medical uses are recognized).

Reflecting that the administration is relaxing its regulatory posture on marijuana, the ATF has issued a proposal that the “drug use” question on Form 4473 be amended to read the following:

“I am not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance. (Warning: You can be an unlawful user under federal law, even if your possession is legal under state law. Federal law does not permit the use or possession of marijuana for recreational purposes.)”

Though this seems very similar to the original language at first glance, notice how the “warning” has changed. Now, rather than declaring marijuana patently illegal, the form would warn only that the use or possession of marijuana for RECREATIONAL PURPOSES is unlawful.

The omission of medical marijuana from the revised Form 4473 is NOT accidental. It follows a variety of moves by U.S. Attorney General Todd Blanche (who runs the Department of Justice, which oversees the ATF), including:

• Issuing an order allowing (on a federal level) possession of marijuana for medical use without a Controlled Substances Act-compliant prescription
• Indicating at a press conference that the Trump administration will not as aggressively defend 18 U.S.C. 922(g)(3), which has historically been used to pursue marijuana users found to be in unlawful possession of a gun
• Noting that the Trump administration is broadly “reconsidering” the federal prosecution of marijuana users for possession of a firearm and other nonviolent crimes

Critically, it is not guaranteed that the change to ATF Form 4473 will actually occur. The public comment period lasts until July 7, 2026. After that ends, the administration will decide whether to amend the language to reflect the permissibility of purchasing a gun as a medical marijuana user – or leave Form 4473 as is.

However, observers should keep an eye on this. Since the legalization of medical marijuana in Florida, there has been clear tension between federal firearms law and state drug law. Now, that tension may be resolved – clearing the way for countless Floridians with valid medical marijuana prescriptions to permissibly buy firearms from a federally-licensed dealer.

If someone is concerned about a charge of possession of marijuana or drug paraphernalia, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting criminal charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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