Trump announced his administration is strongly considering — and reportedly preparing — an executive order to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). This move, building on a stalled Biden-era process, would mark the first federal acknowledgment of marijuana’s accepted medical use. While it promises significant benefits for the cannabis industry, such as tax relief and easier research, many gun owners and prospective buyers are asking: How will this affect firearms purchases?
The short answer: Little to no immediate positive change. Marijuana users — even in states where it’s fully legal — will likely remain prohibited from purchasing or possessing firearms under federal law.
Understanding the Rescheduling Move
Trump confirmed in Oval Office remarks that his administration is “looking at [reclassification] very strongly” to enable more medical research. Reports indicate an impending executive order directing agencies like the DEA to finalize the shift.
Key implications from the change:
- Schedule I → No accepted medical use, high abuse potential (current status, alongside heroin and LSD).
- Schedule III → Moderate to low dependence risk, accepted medical use (like ketamine, anabolic steroids, or codeine combinations).
This would provide major relief for cannabis businesses by ending IRS Section 280E penalties, allowing standard tax deductions and potentially lowering effective tax rates from up to 80%. It could also ease some banking restrictions and encourage investment. However, rescheduling is not federal legalization — recreational use remains illegal federally, and state-legal dispensaries would still operate in a legal gray area without FDA approval for most products.
Legal experts note that a presidential executive order alone cannot complete rescheduling; it requires formal DEA rulemaking, hearings, and potential judicial review, which could face challenges.
The Critical Link to Firearms Purchases: Federal Gun Laws Remain Unchanged
The biggest question for Second Amendment enthusiasts revolves around 18 U.S.C. § 922(g)(3), which prohibits firearm possession by anyone who is an “unlawful user of or addicted to any controlled substance.” This ban applies regardless of the drug’s schedule — it covers Schedule I through V substances.
When buying a firearm from a licensed dealer, buyers must complete ATF Form 4473, which explicitly asks (Question 21.e):
“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
The form includes a stark warning: The use or possession of marijuana remains unlawful under federal law, even if legalized at the state level.
Rescheduling to Schedule III does not alter this:
- Marijuana remains a federally controlled substance.
- Non-prescribed use (the vast majority of medical and all recreational use) stays unlawful federally, since whole-plant marijuana lacks FDA approval as a prescription drug.
- Only a handful of synthetic cannabis-derived drugs (like Epidiolex) are FDA-approved; state-issued medical cards do not count as federal prescriptions.
Legal analyses, including from the Congressional Research Service and cannabis law firms, confirm that rescheduling alone would not lift the gun ownership ban for cannabis users. The ATF’s longstanding position — reiterated in open letters — is that any marijuana use disqualifies individuals, irrespective of state laws.
Answering “no” on Form 4473 while using marijuana could still constitute a federal felony (lying on the form), punishable by up to 10 years in prison.
Potential Future Changes and Ongoing Debates
While rescheduling won’t immediately help, it could indirectly pave the way for reform:
- If the FDA eventually approves marijuana-based prescriptions, those patients might qualify as “lawful” users (similar to prescribed Schedule III drugs like ketamine).
- Broader descheduling (removing marijuana from the CSA entirely) or congressional action would be needed to fully resolve the conflict.
- Some court challenges argue the ban violates Second Amendment rights post-Bruen, but these remain unresolved.
For now, cannabis consumers face a clear choice under federal law: marijuana or firearms — but not both.
Bottom Line for Gun Buyers
If you’re a marijuana user (medical or recreational), rescheduling to Schedule III will not make you eligible to pass a NICS background check or truthfully complete Form 4473 for a firearm purchase. Federal prohibition on “unlawful” controlled substance users persists.
Gun owners in legal cannabis states should stay informed, as this policy creates ongoing tension between state rights and federal enforcement. True resolution likely requires full descheduling or specific legislative fixes.
Stay safe and compliant — consult legal experts for personal situations.