Do You Lose Your Gun Rights With a Medical Marijuana Card? (2026)

This is one of the most searched and most confusing questions in gun law, because the honest answer depends on whether you are asking about the law on the books or the law as courts are now applying it. Below is where things actually stand for Minnesota residents in 2026.

Does a medical marijuana card take away your gun rights?

On paper, yes. Federal law makes it a crime for an “unlawful user of or addicted to any controlled substance” to possess or buy firearms, and because marijuana is still federally illegal, the government treats every medical cardholder as an unlawful user. That is true even in states where medical and recreational cannabis are fully legal.

The practical effect is that, under the statute as written, holding a medical card and owning a gun puts you in violation of federal law. This is not about your state card being “revoked”; it is that a separate body of federal law overrides your state’s rules on firearms.

What has changed is how courts treat that ban. Since the Supreme Court’s 2022 decision in Bruen required gun restrictions to match the nation’s historical traditions, judges across the country have started striking down § 922(g)(3) as applied to marijuana users who were not shown to be dangerous or intoxicated.

What does federal law actually say?

Section 922(g)(3) bars anyone who is an unlawful user of a controlled substance from shipping, receiving, or possessing firearms or ammunition. Marijuana’s Schedule I status under the Controlled Substances Act is what sweeps medical cardholders into that prohibition.

The ATF enforces this through the Form 4473 that every buyer completes at a licensed dealer. The form asks whether you are an unlawful user of marijuana and warns that a state medical card does not make your use lawful under federal law. Answering “no” when you are a user is a felony in its own right, separate from the possession ban.

Where are the courts heading on marijuana and guns?

Toward narrowing the ban. Multiple federal appeals courts have ruled that § 922(g)(3) cannot constitutionally be applied to marijuana users simply for being users, without proof they were intoxicated or dangerous when they had the firearm.

The Eighth Circuit, which covers Minnesota, has vacated a conviction and pointed toward an individualized inquiry into dangerousness rather than an automatic ban. The Fifth and Eleventh Circuits have moved in the same direction, and the Third Circuit has required case-by-case judgments. The biggest development is at the top: the Supreme Court heard United States v. Hemani on March 2, 2026, and a decision expected by mid-2026 may resolve the question for the whole country.

What does this mean for Minnesota gun owners?

Minnesota legalized cannabis, but federal firearm law still governs gun purchases and possession, so a Minnesota card does not by itself protect your federal gun rights. State and local police generally do not enforce federal firearms law, which lowers the day-to-day risk.

The exposure tends to appear in specific moments. If a gun and cannabis are found together during a traffic stop, a search, or a self-defense incident, the situation can be referred for federal charges, especially if other aggravating facts are present. A Minnesota permit to carry also requires that you be eligible to possess firearms under federal as well as state law.

Because the rules are shifting, the safe course is to avoid possessing firearms and using marijuana at the same time, and to get advice before buying a gun or applying for a permit while you hold a card. Our overview of how drug charges affect gun rights covers the related criminal side.

Can you restore your gun rights if you gave up your card or were charged?

Often, yes. If your firearm rights were lost through a conviction rather than just cardholder status, Minnesota and federal law provide paths to restoration depending on the offense, and the current wave of Second Amendment rulings is expanding the options. The right approach depends entirely on how the rights were lost.

This is where experienced counsel matters. Our attorneys handle gun rights restoration and have litigated Second Amendment issues, including a Minnesota Supreme Court Second Amendment win. If you are not sure of your current status, start with how to check whether your gun rights have been restored.

FAQs

Do you lose your gun rights if you have a medical marijuana card?

Under federal law as written, yes. A medical card makes you an “unlawful user” of a controlled substance under 18 U.S.C. § 922(g)(3), which prohibits buying or possessing firearms. However, several federal courts have found this ban unconstitutional as applied, and the Supreme Court is expected to rule on it by mid-2026.

Can I buy a gun if I have a medical marijuana card?

No. The ATF Form 4473 asks whether you are an unlawful user of marijuana and warns that a state card does not make use lawful federally. Answering “no” while you use marijuana is a separate federal felony.

Does Minnesota law take away my gun rights for using cannabis?

No. Minnesota does not revoke your gun rights for holding a card, but federal law still applies to purchases and possession, and a Minnesota permit to carry requires you to be eligible under federal law.

Will the Supreme Court change the marijuana gun ban?

Possibly. In United States v. Hemani, argued in March 2026, a majority of justices appeared open to narrowing the ban so it applies only with proof of intoxication or dangerousness. A decision is expected by mid-2026.

What is the risk of owning a gun while holding a medical card in Minnesota?

State police rarely enforce federal firearm law, but finding a gun and cannabis together during a stop or incident can trigger a federal referral. The safest course is not to possess both at once and to consult an attorney before buying a gun or applying for a permit.