Texas is a gun state, and it is increasingly a THC state. Millions of Texans own a firearm; a large share of them use marijuana, THC vapes, or hemp-derived products. Federal law says those two things cannot coexist — and the Supreme Court has now weighed in on how far that rule can go. Brian Foley explains the stakes in this video.
The federal rule
18 U.S.C. § 922(g)(3) makes it a federal felony — punishable by up to 15 years — for anyone who is "an unlawful user of or addicted to any controlled substance" to possess a firearm or ammunition. Marijuana remains a Schedule I controlled substance under federal law, so a regular marijuana user is an "unlawful user" in the eyes of the federal government regardless of state law. The same box appears on ATF Form 4473 every time you buy a gun from a dealer, and answering it falsely is a separate felony.
What the Supreme Court decided
After the Court's 2022 decision in Bruen and its 2024 decision in Rahimi, lower courts split over whether § 922(g)(3) could constitutionally be applied to people whose only "unlawful use" is marijuana. The Fifth Circuit — which covers Texas — held in several cases that the statute could not be applied to a non-intoxicated marijuana user with no history of violence. The Supreme Court took the question up and has now issued its decision. Watch the video for the short version, and talk to a lawyer before assuming the ruling protects you: the decision addresses the constitutional limits of the statute, not whether marijuana use is legal, and the government continues to bring § 922(g)(3) cases.
What it means in practice in Texas
- Federal prosecution is still possible. The U.S. Attorney's Office for the Southern District of Texas charges § 922(g)(3) most often when a firearm and marijuana are found together — in a car, in a home during a search, or after a shooting.
- State charges are separate. Texas does not have a state-law "drug user" firearm ban, but unlawful carrying of a weapon and possession of marijuana are frequently charged together, and Harris County has its own policy on firearm-plus-marijuana cases.
- The 4473 question does not change. Lying on the federal form remains a felony no matter how the courts read § 922(g)(3).
- Medical marijuana is not an exception. Texas Compassionate Use Program participants are still "unlawful users" under federal law.
If you have been arrested with a firearm and marijuana or THC, or have received a federal target letter, do not give a statement. Call or text (713) 703-1718 for a free consultation with our federal criminal defense attorneys.