ATF Revises Rule to Limit Firearm Denials for Marijuana Users

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has announced a significant policy shift regarding firearm possession for individuals who use cannabis. In a newly issued interim rule, the ATF will no longer automatically deny firearms to individuals based on a single instance of marijuana use. This change aligns federal regulations with recent court rulings that have increasingly questioned the constitutionality of such blanket prohibitions

Previously, federal background checks could deny firearm ownership due to a single drug-related incident, such as a failed drug test or a misdemeanor conviction. This broad interpretation of the Gun Control Act's provisions has led to nearly half of all firearm denials in fiscal year 2025 being based on isolated drug use incidents, according to ATF data. The new rule, published in the Federal Register, specifies that only regular and compulsive unlawful drug use over an extended period will disqualify someone from owning a firearm

The revised rule comes amid growing legal challenges to the federal ban on gun ownership for cannabis users. Notably, the 11th Circuit Court of Appeals recently ruled that medical cannabis patients complying with state laws are not subject to the federal prohibition. This decision underscores the courts' demand for a clear temporal connection between drug use and firearm possession, rather than reliance on past isolated events

While the ATF's new rule does not legalize drug use or entirely lift the firearm prohibition, it narrows its scope significantly. The move is seen as a step towards harmonizing federal policy with judicial precedents and reducing unnecessary constitutional conflicts. The rule is effective immediately but will remain open for public comments until June 30, 2026, allowing for potential revisions post the U.S. Supreme Court's decision in the upcoming United States v. Hemani case