Federal Gun Laws & THC

Medical Cannabis and Gun Ownership in Texas: Navigating Conflicting Laws

Medical Cannabis and Gun Ownership in Texas: Navigating Conflicting Laws

Published: September 1, 2025

Disclaimer: We are not lawyers, and this blog post is for informational purposes only. Laws regarding medical cannabis and firearms are complex and subject to change. Always consult a qualified attorney for legal advice specific to your situation.

In Texas, the evolving landscape of medical cannabis and gun ownership presents a unique challenge for residents. While the state has expanded access to medical cannabis through the Compassionate Use Program (TCUP), federal law creates significant hurdles for those who wish to exercise their Second Amendment rights. This post explores the current state of medical cannabis in Texas, its impact on handgun ownership, and the conflicting state and federal laws that create a legal gray area.

Medical Cannabis in Texas: The Compassionate Use Program

Texas legalized medical cannabis through the Texas Compassionate Use Act in 2015, establishing the Compassionate Use Program (TCUP). Initially limited to patients with intractable epilepsy, the program has expanded significantly, particularly with the passage of House Bill 46 in June 2025, signed by Governor Greg Abbott. This made Texas the 40th state to broaden its medical cannabis program.

Key Details of the TCUP

  • Qualifying Conditions: The program now covers a wide range of conditions, including autism, ALS, cancer, chronic pain, Crohn’s disease, epilepsy, multiple sclerosis, PTSD, and over 150 incurable neurodegenerative diseases (e.g., Alzheimer’s, Parkinson’s).
  • Product Restrictions: Only low-THC cannabis (up to 1% THC by weight) is permitted, available in forms like gummies, tinctures, lozenges, lotions, and prescribed inhalers. Smoking or vaping cannabis flower is prohibited.
  • Access: Patients must be registered in the Compassionate Use Registry of Texas (CURT) by a licensed physician. Only three dispensaries operate statewide, though a 2025 law (SB 1505) aims to increase this to six.
  • Prescription Limits: Physicians can prescribe up to a 90-day supply with a maximum of 10 mg THC per dosing unit or 1 gram per package.

While Texas has made strides in expanding medical cannabis access, recreational marijuana remains illegal, and possession of up to 2 ounces is a Class B misdemeanor, carrying penalties of up to 180 days in jail and a $2,000 fine.

Federal vs. State Law: A Legal Conflict

The heart of the issue lies in the conflict between Texas state law and federal law. While Texas permits low-THC medical cannabis, federal law classifies marijuana (including low-THC products) as a Schedule I controlled substance. This classification has significant implications for gun ownership.

The Conflict: Under the federal Gun Control Act of 1968 (18 U.S.C. § 922), it is illegal for an “unlawful user of or addicted to any controlled substance” to possess, receive, or purchase firearms or ammunition. This applies to medical cannabis users, even if their use is legal under Texas law.

Texas State Law and Gun Ownership

In Texas, the Department of Public Safety (DPS), which oversees both the TCUP and Licenses to Carry (LTC), does not automatically disqualify medical cannabis users from owning firearms or obtaining an LTC. Texas is a “shall-issue” state for concealed carry permits and allows permitless carry (open or concealed) for those over 21 who can legally own a firearm, as of September 1, 2021. However, an underlying medical condition that impairs judgment or motor skills could trigger a review by the DPS Medical Advisory Board, potentially affecting eligibility.

Federal Restrictions on Firearm Ownership

Despite Texas’s permissive stance, federal law creates a significant barrier. When purchasing a firearm from a federally licensed dealer (FFL), buyers must complete ATF Form 4473, which asks: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” Answering “yes” disqualifies the buyer, and lying is perjury, punishable by up to 5 years in prison. Violating the federal prohibition on firearm possession by cannabis users can lead to up to 10 years in prison and $250,000 in fines.

Because the federal government does not recognize Texas’s medical cannabis program, TCUP participants are technically in violation of federal law if they possess firearms. However, enforcement is rare unless other criminal activity is involved, and the ATF cannot access CURT data to identify medical cannabis users.

Recent Developments and Hope for Change

A recent U.S. District Court ruling in the Western District of Texas declared the federal ban on firearm possession by cannabis users unconstitutional, signaling a potential shift. This ruling could pave the way for aligning federal law with state-level protections, but its full impact remains uncertain. Advocacy groups like Gun Owners of America argue that forcing Texans to choose between medical treatment and their Second Amendment rights is unjust. Proposed federal legislation, such as a bill introduced by Rep. Alex Mooney (R-WV), aims to explicitly allow firearm possession for medical cannabis users, though it has not yet passed.

Practical Considerations for Texans

  • Federal Risk: Medical cannabis users who possess firearms risk federal prosecution, though this is uncommon without additional criminal activity.
  • Expired Prescriptions: If a medical cannabis prescription expires and the individual no longer uses cannabis, they can legally purchase and own firearms, provided they truthfully answer “no” on ATF Form 4473.
  • CBD Use: Hemp-derived CBD products with ≤0.3% THC are legal under federal and Texas law and do not trigger firearm restrictions.
  • Legal Guidance: Given the complexity, consulting a qualified attorney or organizations like ARCannabisClinic is crucial for navigating this legal landscape.

Conclusion

Texans using medical cannabis under the TCUP can legally own firearms under state law, but they face significant risks under federal law due to marijuana’s status as a Schedule I drug. This conflict creates a challenging legal gray area, forcing patients to weigh their medical needs against their Second Amendment rights. While recent court rulings and advocacy efforts offer hope for change, the current federal prohibition remains a hurdle. Stay informed, consult legal experts, and monitor legislative developments to navigate this complex issue.

For more information on medical cannabis or related services, visit xAI’s Grok page or X Premium support. For API-related queries, check out xAI’s API page.

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