Up in Smoke: The Underlying Attack on the Second Amendment

Washington, D.C.’s cannabis market is at a major crossroads. For years, Initiative 71 (I-71) allowed the “gifting” of marijuana, where customers technically purchased unrelated items like t-shirts or snacks and received cannabis as a “gift.” This loophole birthed a booming gray market, largely unregulated but culturally embraced. That era is now closing.

Under the Medical Cannabis Amendment Act of 2022, D.C. is ushering in a new system: a fully regulated medical cannabis market. Former I-71 shops are being pushed to apply for medical licenses, and D.C. residents 21 and older can now self-certify their medical need for cannabis, meaning no doctor’s note is required to obtain a medical cannabis card. However, access to dispensaries now officially requires that card, placing users squarely within the “medical” classification under the law.

But what does that mean if you own—or want to own—a firearm?

Here’s where things get sticky. Although cannabis is legal under D.C. law, federal law still classifies marijuana as a Schedule I controlled substance. According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), anyone who uses marijuana—medical or otherwise—is considered an “unlawful user” of a controlled substance. This classification directly affects your ability to legally purchase or possess a firearm.

When you go to buy a gun from a federally licensed dealer, you must fill out Form 4473. Question 21(e) specifically asks if you are an unlawful user of marijuana or any controlled substance. If you answer “yes,” your purchase will be denied. If you answer “no” while holding a medical cannabis card or having evidence of use, you risk federal criminal charges for lying on a government form.

This creates a constitutional dilemma. Residents are being forced to choose between their right to bear arms and their right to access legal cannabis under D.C. law. It’s a no-win situation built on a clash between state and federal law, with ordinary citizens caught in the crosshairs.

Even though D.C. has legitimized and regulated the cannabis market, there has been no movement at the federal level to reconcile this change with gun rights. So long as cannabis remains federally illegal, firearm ownership and marijuana use, no matter how legal at the local level, are incompatible.

The District’s push to clean up and legitimize its cannabis economy is a step forward in some respects, but it’s also exposed how outdated federal law is when it comes to marijuana. The Second Amendment implications of these policies are real and potentially devastating for law-abiding citizens who find themselves unintentionally criminalized.

Until Congress takes meaningful action to align federal policy with evolving state and local norms, firearm owners in D.C. and beyond must tread carefully. If you’re thinking about getting a medical marijuana card—or already have one—it may be time to talk to a lawyer about how it could impact your rights.