LOUISVILLE, Ky. (WDRB) -- Starting Jan. 1, 2025, medical marijuana will be legal in Kentucky. But federal law makes it illegal to own a gun and use medical marijuana at the same time, causing confusion for some Kentuckians who may be faced with a choice.

WDRB's original reporting on the conflicting state and federal laws brought up many questions from viewers. Here are some answers. 

Does the restriction on firearms extend to individuals lawfully prescribed narcotics, such as painkillers, that are also listed as controlled substances under federal law?

The Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473 question regarding this matter reads:

Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside. Restrictions apply to unlawful users and/or those addicted to controlled substances. 

The ATF told WDRB "the use of prescription medications under medical care is not unlawful."

Are there any regulations around psychiatric medications and firearms?

The ATF told WDRB "restrictions apply to unlawful users and/or those that become addicted to the above mentioned. The use of prescription medications under medical care are not unlawful. If a subject has been adjudicated as a mental defective or has been committed to any mental institution at 16 years age or older, then the subject would be prohibited from possessing firearms and/or ammunition under federal law." 

Are there any restrictions on alcohol and firearms?

The ATF wrote "under federal law and Kentucky law, there are no restrictions involving the possession of firearms by those who consume or possess alcohol." 

Given the ATF’s limited resources, under what circumstances would a violation involving firearms and marijuana result in active investigation or prosecution?

The ATF told WDRB "under federal law, the use or possession of marijuana remains unlawful regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside. Unlawful conduct could result in criminal investigation. ATF, like all law enforcement agencies, has finite resources. While circumstances for each case may differ, ATF prioritizes investigations involving firearms related violent crimes. These investigations often include suspects involved in violent offenses (e.g. shootings, armed robberies and car jackings) as well as armed drug traffickers and violent crimes involving members of criminal groups and gangs and crime gun traffickers."

How does the ATF enforce firearm ownership laws in states like Kentucky where private sales without background checks are permitted?

The ATF wrote that it "investigates suspected violations of federal firearms laws. Under federal law, the private sale of firearms is not prohibited, unless a private seller knowingly sells or transfers a firearm to a person the seller knows to be prohibited from possessing firearms or sells a handgun to an out-of-state resident. Kentucky law is similar in this context."

How will local agencies like Louisville Metro Police handle this law?

LMPD told WDRB it "enforces state law," and it is not charged with enforcing federal statutes. 

Is this a new law? 

No new law has gone into place. It has been illegal to own a gun and use marijuana across the country. WDRB is now reporting on this because starting Jan. 1 medical marijuana will be legal in Kentucky. 

What would have to happen for this to change? 

Medical marijuana would have to be made legal at the federal level or a carve out would have to be added to federal gun laws. 

Does this prevent me from getting a concealed deadly weapons license? 

The Kentucky State Police website says "any person over 21, who is eligible to lawfully possess a firearm, under state and federal law may carry concealed deadly weapons, concealed on or about his or her person." 

Medical Marijuana Coverage:

Copyright 2024 WDRB Media. All Rights Reserved.