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Are Florida Laws Changing for Marijuana Use and Possession and Owning or Carrying a Firearm?

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Are Florida Laws Changing for Marijuana Use and Possession and Owning or Carrying a Firearm?

Gregg Kielma-Tactical K Training and Firearms

8/8/2026

Short answer:
Yes: Florida’s marijuana laws are evolving, but the firearm rules that matter most are federal, and those rules have not fundamentally changed. A major 2026 Supreme Court decision did narrow how the federal gun ban applies to marijuana users, but it did not make it legal for medical marijuana users to freely own or buy firearms.

Below is the clear, up‑to‑date breakdown based on 2025–2026 developments.

The Current Legal Reality in Florida

Florida law itself does not prohibit medical marijuana patients from owning firearms.
But federal law still does, because marijuana remains a controlled substance under the federal Controlled Substances Act.

This means:

  • You can have a Florida medical marijuana card.

  • You can legally own cannabis under Florida law.

  • You cannot legally possess or purchase a firearm under federal law if you are an “unlawful user” of marijuana.
    (18 U.S.C. § 922(g)(3))

What Changed Recently?

1. Federal Rescheduling Efforts (2025–2026)

Trump’s 2025 executive order pushed agencies to reclassify marijuana from Schedule I → Schedule III.
But this does NOT change federal gun laws.
Even if marijuana becomes Schedule III, it still counts as a “controlled substance,” and §922(g)(3) still applies.

Bottom line:
Rescheduling ≠ legalization
Rescheduling ≠ restoring gun rights

2. The 2026 Supreme Court Decision — U.S. v. Hemani

This is the biggest change so far.

On June 18, 2026, the Supreme Court ruled that the government cannot convict a casual, non‑dangerous marijuana user under §922(g)(3) unless prosecutors prove the person is actually dangerous.

What this means:

  • The federal ban still exists.

  • But prosecutors now must show dangerousness, not just marijuana use.

  • This makes charges harder to bring, especially for medical users.

What it does not mean:

  • It does not legalize gun ownership for marijuana users.

  • It does not remove the question on ATF Form 4473.

  • It does not allow you to answer “no” on the form if you use marijuana.

ATF Form 4473 Still Blocks Purchases

Question 21(e) still asks if you are an unlawful user of marijuana.
Answering “yes” stops the sale.
Answering “no” while using marijuana is a felony (false statement).

So Are Florida Laws Changing?

Florida’s own laws aren’t the issue federal law is.

Florida:

  • Allows medical marijuana.

  • Does not restrict firearm ownership for MMJ patients.

Federal:

  • Still prohibits firearm possession/purchase by marijuana users.

  • Still controls background checks and gun dealers.

The only meaningful change is the 2026 Supreme Court ruling, which grant full rights.

Practical Takeaways for Florida Gun Owners

  • Medical marijuana use still disqualifies you from purchasing firearms under federal law.

  • You may still be considered prohibited from possessing firearms.

  • The Hemani ruling gives defense attorneys more room to fight charges but it does not make possession legal.

  • Any future change requires Congress or a major Supreme Court ruling.