Where Does the Supreme Court Stand on Gun Rights for Marijuana Users?

As more states legalize marijuana for medical use, an important question has come to the forefront: Can you legally own a gun if you use medical marijuana? For patients in West Virginia, the answer isn’t as clear-cut as you might think. The issue lies in the conflict between state and federal laws, and that conflict is now being tested in front of the U.S. Supreme Court.

With West Virginia offering legal access to medical marijuana, but the federal government still enforcing a nationwide gun ban on marijuana users, patients are stuck in legal limbo. The outcome of a federal case, United States v. Baxter, could reshape the landscape not just for West Virginia, but for gun-owning marijuana users across the country.

The Case That Could Reshape Federal Gun Law

The case of United States v. Baxter centers on an Iowa man, Keshon Baxter, who was arrested in 2023 with a firearm and a small amount of marijuana. Federal prosecutors charged him under 18 U.S.C. § 922(g)(3), a statute that prohibits “unlawful users” of controlled substances from possessing firearms, even if they’re not high or actively using the drug when caught.

Baxter challenged the law’s application, arguing that it violated his Second Amendment rights. The Eighth Circuit Court of Appeals agreed in part, ruling that there wasn’t enough evidence to determine whether the statute was constitutional in his specific case. Now, the Trump administration must decide whether to bring the case to the Supreme Court. If they do, and the Court agrees to hear it, the outcome could have nationwide implications for medical marijuana patients who own firearms.

Marijuana and Firearms in West Virginia

West Virginia legalized medical marijuana for patients with qualifying conditions in 2017. While the state does not allow recreational use, registered patients can legally access marijuana products through state-licensed dispensaries.

On the gun rights side, West Virginia you don't need a permit to carry. Residents may legally own and carry firearms without a permit. But here’s where things get tricky: federal law still prohibits marijuana users from possessing firearms, regardless of whether the marijuana use is legal under state law.

The Federal Barrier

When purchasing a firearm from a licensed dealer, buyers must complete ATF Form 4473, which asks whether the individual uses marijuana, even if it's legally prescribed under state law. Answering “yes” leads to automatic denial, while lying is a federal felony punishable by up to 10 years in prison.

This creates a tough situation in West Virginia, where state law supports both medical marijuana use and gun ownership, but federal law does not. As a result, patients are caught in the middle of a legal controversy.

If the Supreme Court agrees to hear the Baxter case, the decision could significantly narrow or overturn the use of § 922(g)(3), the federal statute that prohibits gun ownership by marijuana users. This would be a game-changer for patients nationwide, including those in West Virginia.

Several federal courts have already questioned the constitutionality of disarming non-violent marijuana users. Groups like the Firearms Policy Coalition argue there’s no historical precedent for denying gun rights based solely on marijuana use. A favorable ruling in the Baxter case could finally resolve the conflict between state-level legalization and federal gun restrictions, giving medical marijuana patients a clearer path to legal firearm ownership.

Why Medical Marijuana is Still the Right Choice in West Virginia

Despite these legal challenges, medical marijuana remains a legal, doctor-approved treatment for patients in West Virginia. Qualifying conditions include:

• Amyotrophic Lateral Sclerosis (ALS)

• Cancer

• Chronic or Intractable Pain

• Crohn's disease 

• Intractable spasticity

• HIV/AIDS

• Huntington’s disease

• Epilepsy & intractable seizures

• Multiple Sclerosis

• Neuropathy

• Parkinson’s disease

• PTSD

• ​Sickle cell anemia

• Terminally Ill​

By enrolling in the state’s medical marijuana program, patients gain access to tested, regulated products, prescribed by healthcare professionals. This is not only the safest way to use marijuana legally in the state, but it also ensures that patients are protected under West Virginia law.

A medical marijuana card is the only way to legally access marijuana in West Virginia, and despite the federal firearm conflict, it remains the right choice for patients seeking relief.

Important Considerations for West Virginia Patients

If you're a West Virginia resident who uses medical marijuana and also owns or plans to own a firearm, it's important to understand that federal law overrides state protections. While West Virginia law supports both medical marijuana access and gun ownership, federal law still classifies marijuana as a Schedule I controlled substance. That means anyone who uses it, even legally under state law, is considered an "unlawful user" under federal law and is prohibited from possessing firearms.

When purchasing a gun from a licensed dealer, you'll be required to complete ATF Form 4473, which asks about marijuana use. Answering “yes” will result in a denied purchase, but answering “no” while using marijuana is a federal felony punishable by up to 10 years in prison. Because of this conflict, it’s strongly recommended to consult a legal expert who understands both state and federal law if you’re a medical marijuana patient who owns or intends to purchase a firearm.

With cases like United States v. Baxter moving toward the Supreme Court, and growing national support for marijuana reform, there’s hope that these conflicts may eventually be resolved. Until then, West Virginia patients should proceed with caution, remain compliant with state medical marijuana laws, and stay informed about the evolving legal landscape surrounding firearms and marijuana use.

Get Your Medical Marijuana Card Today!

Medical marijuana is legal in the State of West Virginia, and you can apply for your very own medical card today! You need your medical card to visit any dispensary in the state.

If you think you may benefit from medical marijuana, there is a good chance you will qualify for a card. It is now easier than ever to get your card with telemedicine, right from the comfort of your own home!

Being a West Virginia medical marijuana patient allows you the freedom to establish your own personalized treatment plan. We’re dedicated to helping patients every step of the way!

Feel free to give us a call at 877-303-8424 and we can answer your questions about getting a medical marijuana card in West Virginia.

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Doctors Who Care.

Relief You Can Trust.

West Virginia Marijuana Card’s mission is to help 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.

If you have any questions, call us at 877-303-8424, or simply book a medical marijuana evaluation to start getting relief you can trust today!

Check out West Virginia Marijuana Card’s Blog to keep up to date on the latest medical marijuana news, tips, and information.