Kentucky officially launched its medical marijuana program in January 2025, and dispensaries will soon give patients with qualifying conditions access to marijuana for medical treatment. A pressing issue remains, can medical marijuana patients legally own or purchase firearms? Federal law currently says no, but Governor Andy Beshear is pushing to change that.
Beshear has been vocal about protecting Second Amendment rights for medical marijuana patients, ensuring that Kentuckians don’t have to choose between their right to bear arms and their right to alternative medicine. If you are a gun owner considering medical marijuana, here’s what you need to know about Kentucky’s program and the ongoing fight for patient rights.
Kentucky’s Medical Marijuana Program Is Now Live
After years of advocacy, Kentucky's medical marijuana program officially launched on January 1, 2025. Patients who meet the criteria for a qualifying condition will legally be able to possess up to 8 ounces of medical marijuana soon. Dispensaries are not yet open, but patients can now obtain a medical marijuana card by attending an in-person appointment at one of our offices in Louisville and Lexington.
To participate in the program, you must have one of the approved medical conditions, which include:
Multiple sclerosis (MS) and muscle spasms
Chronic nausea or cyclical vomiting syndrome
Patients must visit an approved medical marijuana provider in person to receive a doctor’s recommendation. That’s where we come in! Once we approve patients, they will need to submit their paperwork to the state in order to receive their official Kentucky medical marijuana card.
Even though patients now have legal access to marijuana in Kentucky, federal law presents a major roadblock, especially for gun owners.
Federal Law Prohibits Gun Ownership for Medical Marijuana Patients
Under current federal law, anyone who uses marijuana, regardless of state legality, is prohibited from purchasing or possessing firearms. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) considers marijuana use a disqualifying factor when purchasing a gun.
This means that Kentucky residents who legally obtain a medical marijuana card risk losing their right to own a firearm under federal regulations. The ATF has consistently reinforced its position that marijuana users, even in states where it's legal, cannot possess firearms.
The agency’s 4473 background check form specifically asks about marijuana use. If you check "yes," you will fail the background check. If you check "no" while being a medical marijuana user, that could be considered perjury, a federal crime.
This creates a major conflict between state and federal law, leaving Kentucky gun owners with a difficult choice:
Follow state law and legally use medical marijuana for treatment, but risk losing their right to own or purchase a firearm.
Follow federal law and keep their Second Amendment rights, but miss out on the medical benefits of marijuana.
Governor Beshear Takes a Stand for Medical Marijuana Patients
Governor Andy Beshear is making it clear that Kentuckians should not have to choose between their Second Amendment rights and their right to medical treatment.
During a press conference on January 30, 2025, Beshear announced that he had sent a formal letter to Kentucky’s congressional delegation, urging them to introduce legislation that would protect medical marijuana patients’ gun rights.
In his statement, Beshear emphasized the importance of fair treatment for medical marijuana patients: “No law-abiding Kentuckian, or American, for that matter, should have to choose between a constitutional right like the Second Amendment and getting the medication that they need.”
Beshear has called on Kentucky’s federal representatives to take action and push for legislative changes that would prevent gun ownership restrictions for medical marijuana users.
In addition to Beshear’s push for reform, Kentucky lawmakers from both parties have introduced measures urging Congress to amend federal firearm laws. With bipartisan support, Kentucky could help lead the charge for medical marijuana patient protections on a national level.
Why Medical Marijuana Is the Right Choice for Many Kentuckians
Kentucky’s medical marijuana program is designed to provide relief to patients suffering from chronic conditions who have exhausted traditional treatments. For many, medical marijuana is a safer and more effective alternative to opioids and other addictive medications. It will offer numerous health benefits, making it a vital option for those struggling with debilitating conditions.
One of the primary advantages of medical marijuana is its effectiveness in pain management, helping to reduce chronic pain without the risks associated with opioids. It also plays a crucial role in seizure control, providing relief for patients with epilepsy and similar disorders. For individuals suffering from PTSD, medical marijuana can help manage anxiety and trauma-related symptoms, improving overall mental well-being.
For thousands of Kentuckians, medical marijuana is not just a preference, it’s a necessity. The idea that patients must forfeit their Second Amendment rights just to receive medical treatment is unfair and unjust. Ensuring that individuals have access to both their constitutional rights and effective medical treatment is essential for a fair and balanced system.
What Comes Next? Will Federal Law Change?
Governor Beshear has made it clear that he will continue fighting for medical marijuana patients’ rights. However, change at the federal level won’t happen overnight. In the meantime, Kentucky residents must stay informed and aware of their rights. Following updates from Governor Beshear and Kentucky legislators on medical marijuana laws and Second Amendment rights is crucial to understanding how these issues evolve.
Gun owners who plan to use medical marijuana should also educate themselves on the risks and benefits associated with their decision. Knowing the legal implications of medical marijuana use can help individuals make informed choices about their health and constitutional rights.
Additionally, supporting legislative efforts can help push for change. Kentucky residents are encouraged to contact their congressional representatives and urge them to advocate for federal law amendments that protect the rights of medical marijuana patients. Until Congress takes action, gun owners in Kentucky who want to use medical marijuana must carefully weigh their options and stay up to date on any legal developments.
The Fight for Fairness Continues
Kentucky has made history by launching its medical marijuana program, and thousands of patients have already received their medical marijuana cards. However, federal firearm restrictions remain a major challenge.
Governor Beshear is standing up for Kentucky’s gun owners and medical marijuana patients, fighting to ensure that no one has to choose between their health and their Second Amendment rights.
For now, medical marijuana patients who also own firearms should stay informed, follow state guidelines, and support efforts to change federal law. With growing bipartisan support for gun rights protections for medical marijuana users, there is hope for change on the horizon.
Get Access to Medical Marijuana in Kentucky
Medical marijuana is here, Kentucky, and we’re booking appointments now!
You can schedule your appointment to see our doctor at our Louisville or Lexington office. Schedule your appointment today to get your marijuana card and be the first to access dispensaries as soon as they open!
Don’t wait—secure your spot and start your journey toward relief. Subscribe to our newsletter for more updates on the program and dispensaries!
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