Where Does the Supreme Court Stand on Gun Rights for Marijuana Users?
- Christopher D.
- May 27
- 4 min read
Updated: May 28

As medical marijuana access expands across the country, including in Louisiana, where patients can legally obtain up to 2.5 ounces every 14 days, an important legal battle is brewing: Can medical marijuana users legally own or possess firearms under the Second Amendment?
The answer is far from straightforward. Despite state-level legalization of medical marijuana, federal law still classifies marijuana as a Schedule I controlled substance, putting patients at risk of violating gun laws even when they follow state regulations. This issue is now making its way to the highest court in the land, and Louisiana patients and gun owners have every reason to pay close attention.
The Case That Could Change Everything
The debate around marijuana and gun rights has reached the Supreme Court’s doorstep. In United States v. Baxter, a man arrested in Des Moines, Iowa, was charged with illegal firearm possession under 18 U.S.C. § 922(g)(3), a federal statute that bars "unlawful users" of controlled substances from possessing guns. Baxter argued that the law, as applied to someone who wasn’t under the influence at the time of arrest and posed no threat, violated his constitutional rights.
The Eighth Circuit Court of Appeals partially agreed, stating that there wasn’t sufficient evidence to justify the ban in his specific case. Now, the U.S. Solicitor General is requesting more time to decide whether to escalate the case to the Supreme Court. If SCOTUS hears it, the outcome could reshape federal law and Second Amendment rights for marijuana users nationwide.
A Legal Minefield in Louisiana
This legal tension hits close to home in Louisiana, where recreational marijuana is still illegal, but the state has a well-established medical marijuana program. Patients with qualifying conditions can legally obtain marijuana through licensed dispensaries, yet under federal law, those same patients are considered "unlawful users" and therefore barred from possessing or purchasing firearms.
Here’s why this matters in Louisiana:
Gun Control Act of 1968: Prohibits gun ownership by anyone who unlawfully uses controlled substances.
ATF Form 4473: Required when purchasing a gun, this form asks if the buyer uses marijuana.
Federal Consequences: Answering “yes” leads to denial; lying is a felony.
Louisiana Concealed Carry Laws: As of July 2024, residents 18 and older can carry concealed handguns without a permit, but this state-level freedom does not override federal marijuana-related firearm restrictions.
So even if you’re legally prescribed medical marijuana in Louisiana, owning a gun could put you in violation of federal law.
Louisiana’s medical marijuana program has improved access and quality of life for thousands of patients suffering from chronic pain, PTSD, epilepsy, and other serious conditions. But the state has not enacted any specific protections for medical marijuana cardholders who wish to exercise their gun rights.
This leaves patients in a legal limbo: you may follow state law by obtaining a medical marijuana card, but still violate federal law simply by owning a firearm. For many Louisianans, this feels like a forced choice between relief and rights.
Supreme Court Could Reshape Gun Laws for Marijuana Users
What’s at stake in United States v. Baxter isn’t just one man’s rights, it’s a potential landmark decision on whether law-abiding marijuana users can be automatically stripped of their Second Amendment rights. Lower courts across the country have begun pushing back on § 922(g)(3), especially in cases where:
The defendant used marijuana legally under state law.
There’s no evidence they were under the influence while possessing a firearm.
No crime of violence was involved.
Advocacy groups like the Firearms Policy Coalition argue that there’s no historical precedent for disarming people simply for using marijuana, and the Supreme Court may agree. If the Court takes the case and rules against the federal government, it could set a new national standard that allows law-abiding marijuana users to retain their gun rights.
A Potential Shift in Policy?
There’s growing recognition that federal marijuana policy is increasingly out of sync with state laws. With more than half the U.S. offering legal access to marijuana, whether for medical or recreational use, the idea that patients must give up their Second Amendment rights simply for seeking relief feels outdated. In Louisiana, no one should have to choose between managing their health and exercising their right to self-defense.
If the Supreme Court rules in favor of Baxter, or if Congress updates the definition of “unlawful user”, the legal landscape could shift significantly. Until then, patients must be cautious and understand the legal trade-offs involved. Medical marijuana is legal in Louisiana and provides effective treatment for a range of qualifying conditions. If you’re suffering and looking for relief, getting certified and accessing marijuana through the state’s medical program is your safest and only legal path.
That said, owning a firearm while using marijuana, even for medical reasons, remains illegal under federal law. As the Supreme Court decides whether to weigh in on United States v. Baxter, patients across the country, including in Louisiana, are watching closely. Until laws change, the most responsible choice is to stay informed, follow current regulations, and consult legal professionals as needed.
Get Your Medical Marijuana Card Today!
Medical marijuana is legal in the State of Louisiana, and you can get your medical marijuana card today! It is now easier than ever to get your card, so if you think marijuana may benefit you, what are you waiting for?
If you aren’t sure if you qualify for a card, we can help! Just give us a call and we can answer any questions you may have.
Marijuana is an excellent alternative medicine that offers natural, safe, and legal relief for an array of symptoms. If you think marijuana could help some of your symptoms, what are you waiting for?
Schedule an evaluation online today with one of our knowledgeable, compassionate doctors to see if you qualify for your medical card. Not only will you discuss your condition and options, but you can do so through a virtual appointment in the safety of your own home!
Doctors Who Care.
Relief You Can Trust.
At Louisiana Marijuana Card, our mission is helping everyone achieve wellness safely and conveniently through increased access to medical marijuana. Our focus on education, inclusion, and acceptance will reduce the stigma for our patients by providing equal access to timely information and compassionate care.
Call us at (833) 253-2943, or simply book a medical marijuana evaluation to start getting relief you can trust today!
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