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Medical Marijuana and Guns in Florida After Hemani: What Changed and What Didn't

By Sunlit Carry · · Updated · 9 min read

A poll that made the rounds on X last week caught a lot of people's attention. NuggMD, a cannabis telehealth company, asked 654 cannabis consumers in legal states whether the Supreme Court's ruling in United States v. Hemani made them more likely to buy a gun. About 26% said yes. Posts about it racked up tens of thousands of views, with plenty of replies asking, "So the ban is gone now, right?"

Not exactly. In Florida, this question touches a lot of people. The state's Office of Medical Marijuana Use counted 943,844 qualified patients with active ID cards as of its October 30, 2026 update. That is close to a million Floridians, and many of them already own guns or want to buy one.

Here's a plain-English rundown of what the Court decided, what ATF and DOJ have done since, and what hasn't changed.

This is not legal advice. Laws and agency guidance are changing fast. If your situation is unusual, talk to a Florida firearms attorney.

What the Supreme Court Actually Decided in Hemani

Ali Hemani lived near Dallas. When agents searched his family's home in 2022, he handed over a gun he kept in the house and told them he used marijuana about every other day. Prosecutors later charged him under 18 U.S.C. § 922(g)(3). That law makes it a federal crime for an "unlawful user of or addicted to any controlled substance" to possess a firearm. The charge rested solely on his admitted marijuana use.

The district court dismissed the charge, and the Fifth Circuit affirmed. On June 18, 2026, the Supreme Court affirmed too. It held that the government's prosecution of Hemani under the "unlawful user" part of § 922(g)(3) is inconsistent with the Second Amendment.

Two details matter here, and a lot of headlines skipped them.

It was unanimous in result, not in reasoning

The judgment was 9–0. But Justice Gorsuch's majority opinion was joined by seven justices. Justice Alito, joined by Justice Kagan, concurred only in the judgment, and Justices Thomas and Jackson also wrote separately. "Unanimous" is fair for the outcome. It's not fair to say all nine signed on to one theory.

It was an "as-applied" ruling, and the Court said it was narrow

The Court did not strike § 922(g)(3) off the books. It said the government could not prosecute this person on this theory: that regular marijuana use alone, with nothing more, is enough to disarm someone. The majority said outright that "in many respects, this case is a narrow one." It also listed what it was not deciding:

So if you read "Supreme Court strikes down federal gun ban for marijuana users," that overstates it. The statute still exists. What changed is that the government can't use marijuana use alone, without more, to prosecute someone for having a gun.

What ATF and DOJ Have Done Since

Federal agencies made several moves in 2026, before and after Hemani.

January: ATF narrowed who counts as an "unlawful user"

ATF published an interim final rule (91 FR 2698), effective January 22, 2026. Under it, an "unlawful user" is someone who regularly uses a controlled substance "over an extended period of time continuing into the present." The rule says isolated or sporadic use doesn't count, and neither does use you've stopped. The old definition was much broader.

April: medical marijuana moved to Schedule III

In April 2026, the acting Attorney General signed a final order moving FDA-approved marijuana products and marijuana covered by a state medical marijuana license from Schedule I to Schedule III. Recreational marijuana stayed in Schedule I. This is not federal legalization. Schedule III drugs are still controlled substances. But the Supreme Court's majority pointed to the rescheduling as part of why the government's "every marijuana user is dangerous" argument didn't hold up.

May: a draft new Form 4473

On May 8, 2026, ATF published a proposed revision of Form 4473, the form you fill out when you buy a gun from a licensed dealer. The draft rewrites the marijuana warning to say federal law does not permit marijuana "for recreational purposes." The current form's language says marijuana remains unlawful even where a state has legalized it for medical use, and the draft drops that. But this is a proposal. The comment period ran through early August, and as of this writing the revised form has not been finalized. The current form is still the one in use.

August: DOJ's gun-rights restoration rule excludes marijuana

On August 20, 2026, DOJ published its final rule for the new Federal Firearm Rights Restoration process. This is the program for people who have lost their gun rights and want them back. The rule's drug-user presumption leaves out people whose only drug use (or addiction) involves marijuana, and DOJ said it did that "in recognition of" Hemani. It covers restoration, not the 4473.

September: the 2011 "medical card" letter was reportedly rescinded

Back in 2011, ATF sent dealers an open letter. It said that if a dealer knew a buyer had a state medical marijuana card, the dealer had "reasonable cause to believe" the buyer was prohibited and could not complete the sale, even if the buyer answered "no" on the form. On September 4, 2026, the compliance firm FFLGuard reported that ATF's official copy of that letter is now stamped "RESCINDED." FFLGuard also noted that ATF didn't say when that took effect and hasn't issued replacement guidance. After the Hemani decision, ATF said publicly that additional guidance would come "soon." We haven't found any broader marijuana guidance from ATF since then.

What Hasn't Changed at the Gun Counter

This part matters most if you're a patient thinking about buying a gun.

The form still asks, and you still have to answer truthfully

The current Form 4473 (the August 2023 revision) still asks whether you are an unlawful user of, or addicted to, marijuana or any other controlled substance. That's question 21.f. It also still carries the warning that marijuana is unlawful under federal law regardless of state law. Lying on the form is its own federal crime, separate from the possession law. Hemani didn't touch that. Answer the question honestly as it's written on the form in front of you. If you're unsure how it applies to you, get legal advice before you go to the store, not at the counter.

The background check still happens

Florida is a "point of contact" state, so dealers here run checks through FDLE under § 790.065 rather than calling NICS directly. That process hasn't changed.

Dealers still can't sell to someone they believe is prohibited

Federal law (§ 922(d)(3)) still bars a dealer from transferring a firearm to someone the dealer knows, or has reasonable cause to believe, is an unlawful user or addicted. Without the 2011 letter, a medical card by itself is no longer an automatic denial. But a dealer can still refuse a sale based on what they see or hear during the transaction.

What Florida Law Says

Florida law doesn't list medical marijuana patient status by itself as a bar to owning a gun. Several state rules still apply, though.

Concealed weapon license

To get one under § 790.06, you can't "chronically and habitually use alcoholic beverages or other substances to the extent that [your] normal faculties are impaired." You also can't have a controlled-substance conviction under chapter 893 in the last three years. And you can't be "prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law." That last item ties your Florida license back to federal law.

Permitless carry

Since 2023, § 790.01 has let eligible adults carry concealed without a license. "Eligible" means meeting most of the same § 790.06 criteria, including the impairment and federal-law items above. Permitless carry doesn't give anyone a pass on those rules.

Using a gun while impaired

Under § 790.151, it's a second-degree misdemeanor to "use" a firearm while impaired by alcohol or a controlled substance. The law defines "use" as firing it or having it loaded and in your hand. There's an exception for lawful self-defense. The simple version: don't mix cannabis and range day.

The Florida lawsuit is on hold

Florida also has its own case. In Cooper v. Attorney General (11th Cir., Aug. 20, 2025), Florida medical marijuana patients challenged the federal ban. The Eleventh Circuit revived their case and sent it back to the district court in Tallahassee. That court stayed the case in October 2025 to wait for Hemani. We couldn't find a newer ruling, so it's worth watching.

Common Claims, Checked

What you may have seen What the sources show
"The Supreme Court struck down the gun ban for marijuana users." It ruled for one defendant on one theory (as-applied). § 922(g)(3) is still law.
"It was unanimous." The outcome was 9–0, but the majority opinion had seven justices.
"Medical marijuana is federally legal now." State-licensed medical marijuana moved to Schedule III. It is still a controlled substance.
"The new 4473 says medical patients are fine." That's a May 2026 draft and isn't final yet. The current form still has the old warning.
"26% of cannabis users plan to buy guns." 26% of 654 people in a poll by a cannabis telehealth company said they were more likely to buy one.

Frequently asked questions

Can a Florida medical marijuana patient legally buy a gun right now?

It depends on the facts, and the law hasn't fully settled. Hemani limits prosecutions based on marijuana use alone. ATF's 2026 definition requires regular, ongoing use. The 2011 "card means denial" letter has reportedly been rescinded. But the current Form 4473 still asks about marijuana and still says marijuana is unlawful federally. Answer it truthfully, and talk to a firearms attorney if you're unsure.

Did Hemani make § 922(g)(3) unconstitutional?

No. The Court held only that this prosecution, based solely on regular marijuana use, violated the Second Amendment. It expressly left addiction, intoxication, and individualized-danger cases for another day.

Has the new Form 4473 taken effect?

Not as of November 2, 2026. ATF proposed a revision on May 8, 2026, but dealers are still using the August 2023 form.

Can a dealer refuse a sale just because they know I have a medical card?

The 2011 ATF letter that told dealers to refuse in that situation is reportedly rescinded. But dealers still can't sell when they have reasonable cause to believe a buyer is prohibited, and a private business can generally decline any sale.

Does my medical card affect my Florida concealed weapon license?

The card itself isn't a listed disqualifier. But § 790.06 bars chronic, habitual use that impairs your normal faculties, and it also bars anyone prohibited under federal law. Lying on the application is a crime under § 837.06.

The Bottom Line

Hemani was a real win for gun owners who use marijuana. On top of it, 2026 brought rescheduling, a narrower ATF definition, and a restoration rule that drops marijuana. Things are clearly moving in one direction. But the statute is still on the books, the form is still the old form, and ATF's promised guidance hasn't fully arrived. Until it does, take it slow and answer every form truthfully.

Sources

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