The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is warning Kentucky residents that, if they choose to participate in the state’s medical marijuana program that’s set to launch imminently, they will be prohibited from buying or possessing firearms under federal law.
As Kentucky prepares to implement the medical cannabis law that Gov. Andy Beshear (D) signed last year, ATF has put residents on notice about the ongoing federal ban on gun ownership by people who use marijuana, regardless of individual state policies.
“You cannot possess firearms and ammunition and also be a user of marijuana,” ATF Special Agent AJ Gibes told WDRB this month, referring to a statute requiring gun purchasers to fill out a form that includes a question about whether they are an active marijuana consumer. If they check yes, they’re disqualified from owning the firearm.
Notably, Gibes said that while people who already own a gun aren’t “expected to” turn them over if they become state-legal cannabis patients, those who “wish to follow federal law and not be in violation of it” must “make the decision to divest themselves of those firearms.”
He added that ATF is “not actively seeking and working solely on investigations involving just the possession of firearms and marijuana because of our finite resources,” but that doesn’t change the law, and people will still be at risk of prosecution if they violate it.
ATF has also weighed in on other recent state cannabis policy developments.
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