Can You Own a Gun with a Medical Marijuana “Card” in Texas?

Can You Own a Gun with a Medical Marijuana “Card” in Texas?

Short answer: Yes — but the legal landscape is nuanced.

Texas does not issue traditional medical marijuana cards. Instead, eligible patients are registered in the Compassionate Use Program (CUP), which permits access to low-THC cannabis prescribed by qualified physicians. Participation in CUP, by itself, does not automatically disqualify someone from possessing firearms under Texas law. However, state and federal rules do not perfectly align, which is where confusion often arises.

Let’s break this down clearly.

Texas Law vs. Federal Law

Under Texas law, enrollment in the Compassionate Use Program does not per se prohibit firearm ownership. The Texas Department of Public Safety (DPS) has historically taken the position that CUP participation alone does not remove gun rights.

Federal law, however, treats cannabis differently.

Because marijuana remains classified as a Schedule I substance under federal law, federal firearm regulations still consider marijuana users — including medical users — as “unlawful users of a controlled substance.” This classification stems from the Gun Control Act of 1968, and it is the primary source of the legal tension.

In practical terms:

  • Texas law → CUP participation alone does not automatically bar firearm possession

  • Federal law → Marijuana use can trigger firearm restrictions

This mismatch is why many Texans feel uncertain.

Can Texas Medical Cannabis Patients Carry Without a Permit?

Yes.

Since the passage of HB 1927 (effective September 2021), Texas allows most individuals aged 21 and older to carry handguns without a License to Carry (LTC), provided they are not otherwise prohibited from possessing firearms.

This applies broadly, including to many patients in the Compassionate Use Program.

That said, obtaining an LTC can still offer benefits, such as:

  • Reciprocity with other states

  • Simplified firearm purchases in some scenarios

  • Clear documentation of eligibility

Do Medical Cannabis Patients Face Extra Background Checks?

No special state-level checks exist specifically for CUP participants.

Texas itself does not impose additional background check requirements solely due to medical cannabis participation. Standard federal procedures still apply when purchasing firearms through licensed dealers.

Purchases from Federal Firearms Licensees (FFLs) require completion of ATF Form 4473, which includes questions about marijuana use. Providing false information on this form is a serious federal offense.

Can You Join CUP After Getting a Gun License?

Yes.

Texas does not prohibit lawful firearm owners or LTC holders from qualifying for the Compassionate Use Program. CUP eligibility is determined by medical criteria, not firearm status.

As with all firearm matters, underlying disqualifying conditions — unrelated to cannabis — may still apply.

Recent Legal Developments

Firearm rights and cannabis law continue to evolve nationally.

In recent years, certain federal court decisions have questioned aspects of federal firearm restrictions as applied to marijuana users. These rulings have added complexity but have not eliminated federal law. Legal interpretations may vary by jurisdiction, and litigation is ongoing in multiple states.

Because this area of law is dynamic, relying on outdated assumptions can be risky.

What Does Federal Law Say?

Federal agencies have long maintained that marijuana users are federally prohibited from possessing firearms, regardless of state legalization.

Key points include:

  • Marijuana remains illegal under federal law

  • Federal firearm forms explicitly reference marijuana use

  • False statements on federal forms carry severe penalties

Even when state law appears permissive, federal rules may still apply.

The Practical Reality for Texans

Many Texans enrolled in the Compassionate Use Program legally possess firearms under Texas law. However, federal law has not fully caught up with state-level cannabis programs.

This creates a gray area where:

  • State legality does not guarantee federal compliance

  • Enforcement priorities may vary

  • Individual circumstances matter

Important Reminder

This topic involves overlapping state and federal regulations, court decisions, and evolving legal interpretations.

Nothing in this article should be taken as legal advice.
Anyone with specific concerns about firearm ownership should consult a qualified attorney familiar with both Texas and federal law.

If you have questions about qualifying for the Texas Compassionate Use Program, TXMMD is here to help you understand your options and guide you through the process safely and legally.

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