NATIONALLY RECOGNIZED FEDERAL LAWYERS
What happens if you own gun and smoke marijuana
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek – with over 40 years of combined experience handling federal firearms cases that other attorneys won’t touch. You’ve probably heard of us from our high-profile cases, like representing Anna Delvey in the Netflix series, handling the Ghislaine Maxwell juror misconduct case, or defending clients in cases involving Alec Baldwin. If you’re facing federal charges related to guns and marijuana – we can help.
You own guns and you smoke marijuana. Maybe you have a medical card, maybe it’s recreational in your state, maybe you’ve used it a few times. Federal law doesn’t care about any of that – under 18 U.S.C. § 922(g)(3), you’re committing a felony every single day you possess that firearm. Up to 10 years in federal prison. That’s the law right now, even though courts across the country are tearing it apart in 2025.
Form 4473 Is a Trap for Marijuana Users
When you buy a gun from a dealer, you fill out ATF Form 4473. Question 11e asks: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” The form has a warning in bold – marijuana remains illegal under federal law regardless of state legalization. You check “no” even though you smoke weed, you’re committing a separate felony. False statement on a firearms transaction record carries up to 10 years in federal prison.
Most people lie on the form. They don’t think it matters because marijuana is legal in their state. Colorado legalized it, California legalized it, half the country legalized it – but the federal government didn’t. That’s the trap. Federal prosecutors can pull your Form 4473 years later if you’re involved in a self-defense shooting, a traffic stop, a domestic dispute where police see your guns. They check the box you marked “no” and suddenly you’re facing federal charges for both possession and lying to the ATF.
The ATF investigated 12,700 gun-purchase denials in 2017 and prosecuted just 12 people. That doesn’t mean you’re safe – it means they’re selective. When they want to charge you with something, that Form 4473 is sitting in a file somewhere waiting to destroy your life.
Federal Courts Are Striking Down the Marijuana Gun Ban
Something major happened in 2025. Multiple federal appeals courts ruled that 18 U.S.C. § 922(g)(3) is unconstitutional when applied to marijuana users who aren’t actively impaired. The Fifth Circuit said the government can’t disarm someone based solely on past marijuana use – only if they’re presently intoxicated. The Tenth Circuit struck down the entire ban for marijuana users. The Eleventh Circuit ruled in favor of medical marijuana patients who want to own guns.
The legal landscape shifted after the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen in 2022. Courts now have to ask whether gun restrictions are “consistent with this Nation’s historical tradition of firearm regulation.” Turns out, there’s no historical tradition of disarming sober people because they used marijuana last week or last month. The government tried to argue that 922(g)(3) is valid, but court after court is rejecting that argument when it comes to cannabis users who aren’t impaired.
Does this mean you’re in the clear if you own guns and smoke weed? Absolutely not. The Trump administration is asking the U.S. Supreme Court to take up these cases and uphold the marijuana gun ban. Different circuit courts have different rulings – the Fifth Circuit says one thing, the Tenth Circuit says another, other circuits haven’t ruled yet. If you’re charged in a jurisdiction that hasn’t adopted these rulings, you’re still facing 10 years. The law is in chaos right now, which makes it incredibly dangerous for anyone caught in the middle.
What Happens When You Get Caught
You get pulled over for a broken taillight. Officer smells marijuana, searches your car, finds your legally owned firearm and a small amount of cannabis. That’s a federal felony. State charges for marijuana might get dismissed because it’s legal in your state – but federal prosecutors can charge you under 922(g)(3) for being an unlawful user in possession of a firearm.
Federal sentencing data from 2024 shows that 97.7% of people convicted under 922(g) went to prison. Nearly all of them. Sentences vary widely depending on your criminal history, but the statutory maximum is 10 years and most defendants get prison time. If you have prior convictions for violent felonies or serious drug offenses, the Armed Career Criminal Act kicks in – that’s a 15-year mandatory minimum. No discretion, no exceptions.
Medical Marijuana Cards Make It Worse
The ATF issued an open letter in 2011 stating that anyone with a state-issued medical marijuana card is automatically a “prohibited person” under 922(g)(3). You walked into a dispensary, got your card, gave the state your name – now there’s a record that you’re a marijuana user. If you own guns and have a medical card, you’ve created evidence against yourself. Prosecutors don’t need to prove you were high when you possessed the firearm, they just need to prove you’re a user. The medical card does that for them.
Form 4473 asks if you’re an “unlawful user” – present tense. Courts interpret this as recent, regular use, not one-time experimentation years ago. If you smoked last week, you’re a user. If you quit six months ago and haven’t touched it since, that’s different – but you’re betting your freedom on how a prosecutor defines “unlawful user.”
Our Approach to Marijuana Gun Cases
At Spodek Law Group – we’ve handled federal firearms cases for many, many years. We represented clients in situations others said were unwinnable, cases that required understanding both the federal statutory framework and the rapidly changing constitutional landscape. Todd Spodek – a second-generation criminal defense attorney – has built a reputation for taking on cases that other law firms won’t touch because they’re too complicated or politically sensitive.
When you’re charged under 922(g)(3) for marijuana use, the government has to prove you were an unlawful user at the time of possession. That’s not always easy. We challenge the evidence – how do they know you used marijuana? Field tests can be wrong. Witness testimony can be unreliable. Medical records might not say what prosecutors claim they say. We also challenge the constitutionality of the statute itself, using the recent circuit court decisions that struck down the marijuana gun ban.
We’re available 24/7 because federal cases don’t wait for business hours. ATF agents show up at 6 AM with a search warrant, you need a lawyer immediately – not next week. Our team includes former federal prosecutors who understand how the government builds these cases, what evidence they need, where their case is weak. That insider knowledge makes a massive difference when your life is on the line.
The legal landscape is shifting rapidly in 2025, but the risk is still enormous. If you own guns and use marijuana – even legally under state law – you’re gambling with a decade of your freedom. We can help you understand your options, fight the charges if you’re prosecuted, and protect your rights when the government comes after you.