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On May 8, 2026, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) published in the Federal Register a proposed rule change to the language contained in ATF Form 4473, which every gun-purchaser from a licensed gun dealer is required to complete. The significance is that, as a result of the Attorney General’s Rescheduling Order, medical cannabis users may no longer be prevented from lawfully purchasing firearms.
Under federal law at 21 USC 922(d), it is illegal for a person to sell a gun or ammunition to a person the seller has “reasonable cause” to believe the buyer is an “unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act. ATF Form 4473 is the paperwork that effectuates this federal law. Currently, Form 4473 includes a warning that “marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.” Effectively, this question precluded medical cannabis users from purchasing guns and ammunitions. However, if the ATF’s change is adopted, the Form’s new warning will read: “you can be an unlawful user under federal law, even if your possession is legal under state law. Federal law does not permit the use or possession of marijuana for recreational purposes.” The proposed change implies that medical cannabis users are no longer “unlawful users.”
This rule is still subject to public comments (until July 7) and is not yet in effect, but it is a step towards normalizing medical cannabis use.
