California became the first state to enact medical marijuana legislation in 1996 with the Compassionate Use Act, followed in the next four years by Oregon, Alaska, Washington, Maine, Hawaii, Nevada and Colorado. Ultimately, this led to Colorado being the first state to legalize marijuana for recreational use in 2014. Since then, many states have shifted their status to fully legalized, medical use and decriminalized, medical use only, decriminalized, and a few states where the main psychoactive component of cannabis, THC, is allowed to be present only in trace amounts in conjunction with CBD products. As of 2024, only four states remain that completely outlaw marijuana use: Wyoming, Idaho, South Carolina and Kansas. Beginning on January 1, 2025, Kentucky will be the next state to legalize marijuana for medical use, however, throughout the years the federal government, despite its practice of selective prosecution, has remained firmly on the side of the cannabis remaining a controlled substance.

The disparity between state and federal stances on the subject creates a conflict, but only really where it is convenient for the government. Let me explain. Despite brick-and-mortar cannabis dispensaries having opened up across many states, we don’t see the DEA going through the phonebook raiding these businesses one after another. The truth is that the government doesn’t care if you get stoned and wipe out the local Pizza Hut inventory, as people who use cannabis products tend to be pretty “chill,” which the feds see as compliant and relatively harmless. In fact, there is talk about the federal government eventually moving to legalize marijuana as a whole, but hold on to your hats on that one, my friends, because we’re about to talk about the selective nature of the government and gain some understanding on why they have not pursued federal charges against marijuana businesses throughout the nation. 

Purchasing a firearm normally requires an ATF Form 4473 to be filled out, a process that Kentuckians are about to discover comes with some complications. Make no mistake, this is by design. Now that marijuana use has become so widespread in the U.S., the feds are doing a great job reminding states and gun owners that citizens must choose one or another, with a qualifying question on Form 4473 specifically addressing the matter. 

“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of 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.”

If you check yes in the box next to this question, a licensed dealer is prohibited from selling you a firearm under federal law. But that isn’t where the agenda ends, as federal law also prohibits current gun owners from maintaining their firearms if they possess a medical marijuana card or use the substance recreationally. 

“You cannot possess firearms and ammunition and also be a user of marijuana…They’re not expected to, but if they wish to follow federal law and not be in violation of it, then they need to make the decision to divest themselves of those firearms,” says ATF Special Agent AJ Gibes.

Violation of this federal law could subject American gun owners to prison time and a fine of up to $250,000, however, Gibes states that such charges are only likely to be pursued in connection with another felony being committed. 

“We are not actively seeking and working solely on investigations involving just the possession of firearms and marijuana because of our finite resources,” says Gibes.

Perhaps that’s true for now, but you better bet that lists are being made as I type this. Do you really trust anything .gov tells you after reading the plain text of the Second Amendment and seeing how they have trampled that with brazen disregard?

Kentuckians, like any Americans living in states with marijuana legalized in some form, will have to face a decision between marijuana use and their right to bear arms if they wish to follow the law, unlike some criminals in our legislative, judicial and enforcement communities who violate their oath to the Constitution with impunity on a daily basis. 

“I think the federal government, in the near future, needs to figure out how the Second Amendment and marijuana are going to coexist…Because it already is coexisting and it’s just going to be more prevalent in the near future” according to Ryan Crider, owner of Axolotl Arms in Louisville. 

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46 COMMENTS

  1. Legalize federally now. What’s legal to possess and consume in over half of the populated areas of The United States should not make you a criminal in states still being governed by woefully ignorant prohibitionist politicians.

    Cannabis consumers in all states deserve and demand equal rights and protections under our laws that are currently afforded to the drinkers of far more dangerous and deadly, yet perfectly legal, widely accepted, endlessly advertised and even glorified as an All-American pastime, alcohol.

    Plain and simple!

    Legalize Nationwide Federally Now!

    The “War on Cannabis” has been a complete and utter failure. It is the largest component of the broader yet equally unsuccessful “War on Drugs” that has cost our country over two trillion dollars.

    Instead of The United States wasting Billions upon Billions more of our yearly tax dollars fighting a never ending “War on Cannabis”, lets generate Billions of dollars, and improve the deficit instead. Especially now, due to Covid-19. It’s a no brainer.

    The Prohibition of Cannabis has also ruined the lives of many of our loved ones. In numbers greater than any other nation, our loved ones are being sent to jail and are being given permanent criminal records. Especially, if they happen to be of the “wrong” skin color or they happen to be from the “wrong” neighborhood. Which ruin their chances of employment for the rest of their lives, and for what reason?

    Cannabis is much safer to consume than alcohol. Yet do we lock people up for choosing to drink?

    Let’s end this hypocrisy now!

    The government should never attempt to legislate morality by creating victim-less cannabis “crimes” because it simply does not work and costs the taxpayers a fortune.

    Cannabis Legalization Nationwide is an inevitable reality that’s approaching much sooner than prohibitionists think and there is nothing they can do to stop it!

    Legalize Nationwide Federally Now! Support Each and Every Cannabis Legalization Initiative!

  2. Please quit propagating the leftist lie about it being ‘legal’.

    It is against federal law, period. So it’s illegal everywhere the federal government has jurisdiction over.

    Decriminalized by a state is not the same as making legal.

    My local city does not have any laws against treason, does that make it legal????

    Wake up folks, quit pandering to their cause. If you want it legal, petition your elected representatives to change the federal law.

    SMH……………

    .

  3. who cares? the Hunter Biden rule is in full effect, there can be zero prosecutions for lying on a 4473 without another crime without it being selective prosecution since the ONLY case that has ever gone to court over that law was overturned.

    • Being pardoned by his corrupt father, is not the same as a law being “overturned”….and Hunter’s case is far from being ” the ONLY case that has ever gone to court”.

  4. Interesting photo accompanying the article. I’ve never seen a more completely left-handed 1911.

    • Oh Nos, it’s actually the rare as a flying, glitter farting, zebra striped unicorn – the elusive DOUBLE MATCHING ACE SET, of which Colts only made the ONE pair !!
      Just the glimpse of it is all that I need this Christmas.

  5. “California became the first state to enact medical marijuana legislation”

    Ample evidence it is moronic BS. Potheads must rationalize.

    • Barely even slowed down the smuggling. Just changed the motivation to do so. From evading the outright ban to evading the heavy taxes.

  6. Taking the pot approach, maybe we should enact medical suppressor legislation in red states to normalize it. Companies still wouldn’t sell them. Everyone is aware of the anti-gun bias at the federal level. There should be an immediate Executive Order to end prosecution of suppressor and sbr/sbs without paperwork unless there are other substantial crimes being committed.

    • That is what I’m hoping for over the next 4 years. Suppressors and SBR’s to be taken out of the NFA. Unfortunately, I don’t see that happening after I read about how much money the government makes on the $200 stamp tax.

  7. Making pot state legal doesn’t reduce crime. Yes, pot for certain medical uses has been proven to be very effective.

    And the rec.reati-on.al ma.riju.a-na use crowd, are the blood sucker’s, who exploit some very medically sick people.

    I hope they go to jail for income tax evasion. They brag about being a billion dollar business. So they should pay their far share in taxes too.

    You will still be arrested for driving while intoxicated. That medical m.ari.juan.a card, is not a get out of jail free card. The pot business has really helped in the “transfer” of avocado farm ownership, to many “other” owners.

    And listening to a local Ky news radio station report about this. The farmers that wanted to get into the legal m.a.rijuan.a growing business. Those farming operations were told by their local bankers, that their bank accounts would be canceled. If they decided to grow industry hemp.

    The dr.ug le.g.al-iz.atio.n crowd demonized their own products, in their own efforts. They made it “fun and acceptable” to be irresponsibly using dru.gs.

    The private banks don’t have to do business with you if they don’t want to. Just like the christian bakers. The pot heads dream of making all dr.ugs legal. So what are you going to do if the banks refuse to do business with you???

    And maybe they refuse because they believe its an immoral business.

    I guess you could go to the bank of Pablo Escobar. Blood money seems to work for you.

    “Blood diamonds”
    “Blood ma-rijuana”
    “Asian sweatshop”
    “Blood cobalt mining”
    “Blood lithium mining”

    Having said all that. Go ahead and make it legal. But stop lying about ma.riju-a.na not having any negative effects on society.

    • “I hope they get arrested for tax evasion.”
      I always find it funny that while we have so many people who are against victimless crimes and tyranny, we have an alarming amount that are totally fine with people getting arrested with the victimless crimes /they/ don’t like.
      That’s like saying you hope that people who make suppressors illegally get their doors kicked in and shot, oh, but I support legalizing them.
      You can have whatever opinion on the stuff you want, don’t advocate things that aren’t logically consistent with your actual core beliefs. People should be having their freedom taken for merely having the stuff.

  8. “Do you really trust anything .gov tells you after reading the plain text of the Second Amendment and seeing how they have trampled that with brazen disregard?”

    You mean the .gov that has imprisoned people for praying on the steps of the Capitol, or who were invited into the building be Capitol police, or the .gov that gave a medal to some cop who shot an unarmed protestor in the neck, and who has deliberately let hundreds of J6’ers rot in jail without their ‘speedy trial’.

    Our .gov has become despotic. It uses law to persecute, not to protect “We the People”.

    Trust has evaporated into chaos.

  9. “comment in moderation”

    We have Lost as a society. The ability to have an open, honest, and frank discussion on certain politically sensitive topics.

    And what those topics are seems to always change from year to year.

  10. let’s get this ‘legal in the states’ thing out of they way… its technically not legal in the states even though they have laws because the only way those laws were able to be made was because the DOJ agreed not to prosecute it if a state had a law legalizing its use in the state. plus it still remains illegal under federal law.

    there actually isn’t any legal foundation to these states law when federal law is considered that it can still be invoked at any time with a supremacy clause basis by the DOJ deciding it can do it. so actually, it’s not really legal in any state.

    • the laws legalizing it in states only exist by ‘grace’ of the DOJ agreement with zero foundation in constitution or federal law and legalizing it in states, those laws, do not trump federal law.

  11. Get yer ganja the old-fashion way. Why do duffuses tell .gov their business?🙄 In no way do I endorse pot.

  12. What was it that Elton John said? Oh ya.
    Making m.a.rij.-uan.a leg,al was one of the worst things ever done.

  13. Same administration as:

    “Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities. And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates.”

    h ttps://www.whitehouse.gov/briefing-room/statements-releases/2022/10/06/statement-from-president-biden-on-marijuana-reform/

    • “…Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates.”

      Intentionally misleading, AKA fake news, AKA propaganda. How common are raids on people sharing a joint? Those “black and brown” people were usually committing other crimes outside of smoking pot. They can get high in their own house (if they aren’t bothering anyone) to their heart’s content, but that isn’t what’s going on here. Let’s be honest.

      •  “Let’s be honest.”

        Let’s say the arrest numbers are correct. Non whites are arrested more often. Ok. Lets then ask…

        It is because the whites think they should not be smoking pot in public, where the police can see them???

        And the whites who do smoke pot think it’s not a good idea, to smoke pot while they are driving a car, or operating heavy machinery. Where they can been stopped by the police on their regular patrols.

        Now you can ask, why to white pot smokers think differently, than non white pot smokers???

        • Chris T in KY(assuming KY is Kentucky and not the jelly)
          Your comments illustrate one of the root explanations for the differences between the 2 groups. It seems that some, no matter what, are going to do things that draw attention, especially unwanted attention, that could result in an abrupt interruption of life. Of course attitudes full of arrogance, I’ll do as I please, I don’t care etc knows no ethnic, religious or color boundaries.
          Some folk seem to be hell bent on learning the hard way.

        • “It is because the whites think they should not be smoking pot in public, where the police can see them???

          And the whites who do smoke pot think it’s not a good idea, to smoke pot while they are driving a car, or operating heavy machinery. Where they can been stopped by the police on their regular patrols.

          Now you can ask, why to white pot smokers think differently, than non white pot smokers???”

          and from the link…
          “And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates.”

          There is a lot to be said for the saying “keep it to yourself.”

          If a ‘group’ (i.e. a demographic) overall tends to attract attention to that ‘group’ overall by their ‘activity’ they tend to get noticed more.

          There is a difference between ‘rate’ of use and ‘frequency of use in public settings’

          Use of pot tends to be slightly more among whites overall, but less frequently in public settings.

          Use of pot tends to be less among Blacks of most, but not all, age ranges.

          But the rates of use are comparable overall, and it could be said “similar rates”. But, that’s not the end of it like the biden white house wants to pretend.

          Although pot use tends to be slightly less among blacks of most age ranges compared to whites overall, a key part of their demographic, ages 18 – 25, tend to use/posses more frequently in public settings and deal in trafficking pot inter-age-range more frequently in public settings than whites overall of all age ranges in the white demographic.

          This means that blacks are more likely to be arrested for pot use/possession simply because its use/possession/trafficking in the 18 – 25 age range in public settings is more frequent thus attracts attention of law enforcement more often.

          If you only consider ‘using’ you have what seems like “Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates” IF YOU ONLY CONSIDER USE – this is the trick being used by the Biden white house. But not all of these were just ‘using’, its also where they were using and where they possessed and where they trafficked – in public spaces where they are more likely to be noticed by law enforcement thus more likely to be arrested than whites simply because whites overall tend to not do these activities in public spaces where they can be noticed. The biden white house is being deceptive here by not giving a complete picture, the typical left-wing microcosm lack-of-proper-context deception.

    • Whether or not there’s actually racial disparity in marijuana arrests, it’s notable that the same administration making that claim is OK with continuing to deny gun rights based on marijuana use (as well as based on past convictions for felonies or domestic abuse misdemeanors).

      • Incoherent policy positions with virtue signalling on it’s face hiding the ultimate goal of more power for a select few…

  14. Ironic how so many folks on a gun forum (who you’d really think should know better) not only don’t understand freedom- they’ll happily support the federal gov’t in hunting freedom down and destroying it.

    Funny, that…

  16. Opium pretty much destroyed most of China, and we don’t really have to go back very far to see that.

    We’re seeing now that the cities that have unfettered pot use are the same ones having the worst societal problems. Denver is being overrun by gangs from other countries, New York City stinks bad enough to choke a horse, and you need to wear boots just to cross the street in San Francisco.

    Just looking at Maslow’s heirarchy, none of those places with heavy pot use are even ready to have a cogent conversation about simple math, let alone make actual decisions about laws.

    But in every one of those places, you’d do better to be armed at all times.

    • “Opium pretty much destroyed most of China,…”

      After WW2, Japan got hooked on amphetamines, and eventually outlawed it.

      For awhile after the War, the Japanese were damn productive folks…

  17. ““Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”

    Like…?

    A medically-recognized addictive depressant like ETOH, AKA, alcohol, beer, wine, or whisky?

    A medically-recognized addictive stimulant like caffeine, or nicotine, like cigarettes or snuff?

    *Snicker*… 😉

  18. Democrat Nikki Fried was elected as FL Commissioner of Agriculture in 2018. That department also handles the States concealed carry licenses. Fried was quoted several time saying she has her Fl CC Licences, owns guns AND has a medical marijuana card. She pushed the medical marijuana ballot measure and it passed. She pushed the recreational marijuana ballot measure and lost. Fried’s fiancé, Jake Bergmann, is a prominent marijuana entrepreneur in Florida. Fried lost her run for the Dem Gov primary and is now on theboard of directors of the National Organization for the Reform of Marijuana Laws.

    Another in your face to the BATFE on pot and gun ownership that is never going to be charged.

    • Democrat Nikki Fried publicly supported gun control. Another in your face. Guns for me a pot user. But not for you.

  19. The traditional 6AM Christmas morning gift opening ‘carnage’ ended here this morning as it always does each Christmas morning. Boxes, wrapping paper, gift bags, bows and ribbon, opened gifts, all over the place – looks like Santas work shop blew up. Relatives and their kids staying with us this Christmas, like we always do. Breakfast is done, kids are rejoicing in their gifts and running around the house and outside being kids, dogs are in the groove with the kids and running around enjoying the excitement and attention of an influx of kids willing to feed them anything and play with them. Later we will attend Christ mass, then after a short trip out to the range to use those new guns to put a few test rounds down range, then early evening Christmas dinner – and overall enjoying family being together. But for a few minutes, having some coffee and taking a break

  20. unless and until a foolproof method of gaging inebriation via cannabis usage without polluting the ‘results’ with indication of use that is outside the -present time-, much like alcohol breathalyzer testing (current testing doesn’t narrow results down any further than -WEEKS- elapsed) then the circumstance will never change.
    As things stand, any usage what so ever will flunk a testee for even casual use up to and including as many as 5 weeks in their past. Enough to be determined guilty when the penalties are loss of employment, loss of immediate liberty, DUI, ect., ect. .

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