Kentucky Lawmakers File Resolution Urging Congress to Protect Gun Rights for Medical Marijuana Patients

A resolution filed today in the Kentucky Senate calls on Congress to amend federal law so medical marijuana patients are not barred from purchasing or possessing firearms. The resolution urges Kentucky’s congressional delegation to support changes to the Gun Control Act of 1968, which currently prohibits firearm possession by anyone considered an “unlawful user” of a controlled substance. Because marijuana remains a Schedule I substance under federal law, there is no exemption for those using it legally for medical purposes under state programs. Senate Concurrent Resolution 124 was filed by Senators Gary Clemons (D), Karen Berg (D), and Reginald Thomas (D).

The measure notes that medical marijuana is commonly used to treat conditions such as chronic pain and chemotherapy-induced nausea and vomiting. It also points out that a majority of states now allow medical marijuana use, creating a growing disconnect between state-level legalization and federal firearms restrictions.

Kentucky’s own medical marijuana program was established through Senate Bill 47, passed during the 2023 Regular Session, and took effect on January 1, 2025. With patients now legally participating in the program, lawmakers behind the resolution argue that the conflict between federal gun laws and state marijuana laws has led to confusion, inconsistency and legal risk for individuals attempting to comply with both.

The resolution states that citizens should not be forced to choose between accessing essential medical treatment and exercising their Second Amendment rights. If adopted, the measure would direct the Clerk of the Senate to transmit a copy to members of Kentucky’s congressional delegation, formally urging them to pursue a federal amendment allowing medical marijuana users to purchase and possess firearms.