A new interim rule would end automatic firearm denials based on a single instance of marijuana use, aligning federal policy with recent court rulings and growing legal pressure.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives has issued an interim final rule that could significantly narrow the federal ban on firearm possession for people who use cannabis or other controlled substances.
Under the proposed change, marijuana use would no longer automatically disqualify someone from purchasing or possessing a firearm. Instead, federal authorities would need evidence of regular or compulsive unlawful drug use over an extended period of time to trigger a prohibition under the Gun Control Act.
The rule, published Thursday in the Federal Register, revises the definition of an “unlawful user of or addicted to any controlled substance,” a category that has long been interpreted broadly to deny Second Amendment rights to anyone with a recent history of marijuana use.
Moving Away From One-Time Use
For decades, federal background checks relied on regulatory examples that allowed firearm denials based on a single drug-related incident within the past year. That included an admission of use, a failed drug test, or a lone misdemeanor drug conviction.
According to ATF data, nearly half of all firearm denials under the drug-user prohibition in fiscal year 2025 were based on such single-incident inferences.
The agency now says that approach no longer reflects how courts interpret the law.
“Such denials create unnecessary constitutional questions,” ATF wrote, acknowledging a growing disconnect between federal enforcement practices and appellate court rulings.
Under the revised rule, a person would be considered an unlawful user only if they regularly use a controlled substance over an extended period of time and in a manner not authorized by a licensed physician. Isolated or sporadic use would no longer qualify.
Courts Have Been Pushing Back
Federal courts have increasingly rejected blanket applications of the drug-user gun ban. Judges across multiple circuits have ruled that the statute requires a clear temporal link between firearm possession and ongoing drug use, not a single past incident.
In September, the 11th Circuit Court of Appeals ruled that the federal prohibition does not apply to medical cannabis patients who comply with state law. That case was brought by former Florida agriculture commissioner Nikki Fried, now a board member of NORML, along with several registered patients.
The issue is now headed to the highest level. In March, the U.S. Supreme Court will hear arguments in United States v. Hemani, a case challenging the constitutionality of the federal ban itself.
The Justice Department has asked the court to uphold the law, arguing that people who use illegal drugs pose heightened risks. Meanwhile, attorneys general from 19 states and Washington, D.C. have filed briefs siding with the federal government, even though many of those states have legalized cannabis, Marijuana Moment reported.
What The Rule Does And Does Not Do
ATF officials emphasized that the change does not legalize drug use or eliminate the firearm prohibition altogether. Instead, it narrows its scope and removes regulatory examples that treated one-time use as proof of unlawful status.
The rule takes effect immediately but remains open for public comment through June 30, 2026. ATF said it may revisit the definition again after the Supreme Court issues its ruling in Hemani.
For now, the agency says the goal is clarity.
By removing automatic denials tied to isolated drug use, ATF argues that the revised rule better aligns federal regulations with decades of court precedent while reducing erroneous background check denials that could infringe on constitutional rights.
Editor’s note: High Times is reporting on a proposed federal rule change. This coverage is not an endorsement of gun ownership or firearm use. If you choose to own a firearm, prioritize safe storage, training, and keeping guns away from children and anyone at risk of harm.
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