Marijuana is Now Schedule III — Can I Buy a Gun in Pennsylvania?

Short answer: No — not yet.

Recent federal action moving marijuana to Schedule III has caused significant confusion. Many people believe that if marijuana is now recognized as having medical value, they should be allowed to purchase a firearm. While that is a logical conclusion, it is not how the law currently works.

The federal government, through the Drug Enforcement Administration, has moved certain marijuana products to Schedule III under the Controlled Substances Act. This change means marijuana is now recognized as having accepted medical use and is no longer treated the same as Schedule I substances such as heroin or LSD. This is a significant development, particularly in medical and DUI-related contexts.

However, federal gun law has not changed. Under 18 U.S.C. § 922(g)(3), it remains illegal for any person who is an unlawful user of a controlled substance to possess or purchase a firearm. The critical point is that Schedule III substances are still considered controlled substances under federal law.

When purchasing a firearm from a licensed dealer, a buyer must complete ATF Form 4473. The Bureau of Alcohol, Tobacco, Firearms and Explosives requires the purchaser to answer whether they are an unlawful user of marijuana or any controlled substance. The form explicitly states that marijuana remains illegal under federal law regardless of state legalization.

As a result, individuals who use medical marijuana in Pennsylvania cannot legally purchase a firearm from a licensed dealer. They must answer “yes” to the controlled substance question, which results in denial of the transaction. Answering “no” while using marijuana exposes the individual to potential federal felony charges for making a false statement.

Having a medical marijuana card under the Pennsylvania Medical Marijuana Act does not automatically make a person prohibited from possessing a firearm. However, it is strong evidence of marijuana use, and under current federal enforcement, marijuana use is treated as disqualifying.

This area of law is actively being challenged. In New York State Rifle & Pistol Association v. Bruen, the United States Supreme Court held that firearm restrictions must be consistent with the nation's historical tradition of firearm regulation. Courts are now being asked to determine whether disarming individuals who use state-authorized medical marijuana is consistent with that historical framework. The recognition of marijuana as having accepted medical use strengthens the argument that such restrictions may not withstand constitutional scrutiny.

The bottom line is that, even after marijuana was moved to Schedule III, individuals who use marijuana still cannot lawfully purchase a firearm from a licensed dealer under current federal law. The forms, enforcement practices, and statutory framework remain unchanged. However, the legal foundation for these restrictions is being challenged, and future changes are possible.

If you have a medical marijuana card, are facing a firearm-related charge, or have questions about how these laws apply to you, it is important to seek legal advice before taking any action that could result in serious criminal consequences.

Aaroe Law Offices, PC. Our family of lawyers, serving your family. AAROELAW.com