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 …
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Author: Javier Hasse / High Times
