In a move that has reignited the clash between state and federal laws in the United States, the governor of Minnesota signed a bill on Tuesday legalizing marijuana use.
In response, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a stark reminder that federal law prohibits cannabis users from purchasing or possessing firearms.
The ATF St. Paul Field Division issued the warning notice mere hours after the governor’s signing, stressing the federal law’s prevalence until such time that marijuana is legalized on a national level.
Jeff Reed, ATF’s Acting Special Agent in Charge, stated, “Until marijuana is legalized federally, firearms owners and possessors should be mindful that it remains federally illegal to mix marijuana with firearms and ammunition.”
Reed further clarified that the ATF’s role as regulators of the firearms industry and enforcers of firearms laws obliges them to remind Minnesotans of this legal discrepancy as the state adjusts its marijuana laws.
Despite changes to state-level cannabis laws, federal guidance from 2011 still stands. It emphasizes the unlawfulness of transferring a firearm to any person believed to be an unlawful user of a controlled substance, regardless of state-level cannabis laws.
This firearm ban for cannabis consumers is currently under litigation in several federal courts, including one where the judge declared the prohibition unconstitutional in February.
The U.S. government has since appealed this ruling to the U.S. Court of Appeals for the Tenth Circuit.
As part of its enforcement measures, the ATF issued an advisory in 2020, targeting Michigan. The advisory required gun sellers to conduct federal background checks on all unlicensed gun buyers, citing the state’s cannabis laws as a loophole for “habitual marijuana users” and others disqualified from obtaining firearms.
Simultaneously, the ATF has updated its internal cannabis employment policy, allowing applicants who have grown, manufactured, or sold marijuana in compliance with state laws to be considered for employment.
Meanwhile, Republican congressional lawmakers are pushing for a change in the policy. Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus, filed legislation last month to protect the Second Amendment rights of people who use marijuana in legal states.
This would allow them to purchase and possess firearms, which is currently prohibited under federal law.
Mast is also cosponsoring a bill with Rep. Alex Mooney (R-WV) that would specifically permit medical cannabis patients to purchase and possess firearms.
As the U.S. grapples with these contradictory policies, it’s clear that the debate around cannabis and gun control laws is far from over