ATF clarifies if cannabis users are allowed to possess guns

FARGO, N.D. (KVRR) — With Governor Walz signing the historic bill legalizing recreational marijuana on August 1st, cannabis users are getting ready across the state.

However, if marijuana users plan on possessing a gun or ammunition, they might want to think twice.

“Under federal law, under the Gun Control Act of 1968 passed by Congress, a person who is an unlawful user or addicted to a controlled substance is prohibited from possessing firearms or ammunition,” says Jeff Reed, Assistant Special Agent in Charge, ATF.

The Controlled Substance Act still recognizes marijuana as a Schedule I drug under federal definition.

“The Bureau of Alcohol, Tobacco, and Firearms under their regulations have a twelve month look back, if you have used or experimented with marijuana in the last twelve months under the ATF regulations, they say you cannot possess a firearm or ammunition,” says Mark Friese, Lawyer, Vogel Law Firm.

Friese says sooner or later, he expects federal laws to reflect what’s been happening at the state level.

“I think it is just a matter of time until the federal government catches up with this. This started off with a couple states, Washington, and Colorado and I think the states who have seen the impact of the legalization of marijuana have come to realize that this trend of prohibition has created more problems than it is avoiding,” says Friese.

We contacted the US Attorney’s Office in St. Paul, but they had no comment.