Can Cannabis Business Owners Own Firearms?

What this page covers

• Why federal firearm law still controls
• The “unlawful user” rule under federal law
• How ATF Form 4473 affects cannabis users
• Risk for dispensary owners and investors
• State legalization vs federal firearm law
• Criminal penalties for false statements
• Practical risk scenarios for operators

Why this is complicated

Cannabis may be legal under New York law.

Firearm law is federal.

Under federal law, marijuana remains a Schedule I controlled substance.

Federal firearm law prohibits certain people from possessing or purchasing firearms.

One category includes anyone who is an “unlawful user of or addicted to any controlled substance.”

Because marijuana is still federally illegal, this category can include marijuana users—even in states where cannabis is legal.

This creates tension between state cannabis legalization and federal gun law.

The federal “unlawful user” rule

Under federal law, a person who is an unlawful user of a controlled substance cannot:

• Possess a firearm
• Purchase a firearm
• Receive a firearm

Marijuana is still considered a controlled substance under federal law.

State legality does not change that classification.

This is the core issue.

ATF Form 4473 and marijuana

When purchasing a firearm from a licensed dealer, buyers must complete ATF Form 4473.

The form asks whether the buyer is an unlawful user of marijuana.

It specifically warns that marijuana remains illegal under federal law regardless of state legalization.

Answering falsely on this form is a federal crime.

That means:

• If you use marijuana and answer “no,” that can create criminal exposure
• If you answer “yes,” the purchase will generally be denied

This applies to dispensary owners just like anyone else.

Does owning a dispensary automatically prohibit gun ownership?

Owning a dispensary does not automatically make someone prohibited from owning a firearm.

The key issue under federal law is unlawful use of marijuana.

If a dispensary owner does not use marijuana, federal law does not automatically prohibit firearm possession based solely on business ownership.

However, the legal landscape is evolving.

Recent federal court decisions have questioned how the “unlawful user” prohibition applies to marijuana users, but the federal statute remains in effect.

Enforcement posture may vary by jurisdiction.

Operators should not assume the issue is resolved.

What about investors?

Passive investors raise separate questions.

Federal firearm law focuses on unlawful users of controlled substances.

If an investor does not use marijuana, ownership interest alone does not automatically trigger firearm prohibition under current federal law.

However:

• Public association with marijuana businesses can create scrutiny
• Federal law has not created a safe harbor for cannabis-related activity
• Legal uncertainty remains

This area continues to develop in federal courts.

State legalization does not override federal firearm law

New York legalization does not change federal firearm prohibitions.

Gun law is governed by federal statute.

Even if New York allows recreational marijuana use, federal firearm law still applies nationwide.

State law cannot override federal firearm restrictions.

Criminal exposure risks

Cannabis operators face potential exposure if they:

• Falsely answer ATF firearm purchase forms
• Transfer firearms unlawfully
• Possess firearms while classified as unlawful users under federal law

False statements during firearm purchases can carry felony penalties.

Federal firearm violations are serious offenses.

Practical scenarios operators should think about

Scenario 1
Dispensary owner uses marijuana recreationally and attempts to purchase a firearm from a licensed dealer.

The ATF form requires disclosure.

Answering inaccurately can create federal criminal exposure.

Scenario 2
Passive investor does not use marijuana but holds ownership in a dispensary.

Ownership alone does not automatically prohibit firearm possession under current federal law, but the broader legal environment remains unsettled.

Scenario 3
Employee uses marijuana and already owns firearms.

Federal law technically classifies marijuana users as unlawful users of a controlled substance, which intersects with firearm possession rules.

These issues remain legally complex.

Why this matters for cannabis operators

Operators often:

• Hunt
• Keep firearms for personal protection
• Maintain security roles in their businesses

Because cannabis remains federally illegal, the interaction between marijuana use and firearm law creates risk that many operators do not anticipate.

This is not a state issue.

It is a federal issue.

The broader legal landscape

Federal courts have recently examined whether applying firearm prohibitions to marijuana users aligns with constitutional standards.

Some rulings have narrowed enforcement in certain jurisdictions.

However:

• The federal statute remains in place
• ATF Form 4473 still includes marijuana warning language
• No nationwide legislative fix has been enacted

Until federal law changes, the prohibition framework remains operative.

Key takeaway

Owning a dispensary does not automatically ban firearm ownership.

Marijuana use is the central legal trigger under federal firearm law.

Because marijuana remains federally illegal, state legalization does not remove federal firearm risk.

Operators who own or use cannabis should understand how federal law intersects with firearm rules before purchasing or possessing firearms.

Source material

• 18 U.S.C. § 922(g)(3) (Federal firearm prohibition for unlawful users of controlled substances)
• Controlled Substances Act
• ATF Form 4473 (Firearms Transaction Record)
•To Possess or Not to Possess: The Second Amendment and Unlawful Users of Controlled Substances