New DOJ Rule Lets Some Marijuana Users Regain Gun Rights: Travel Implications

The U.S. Department of Justice has issued a new rule that makes it easier for people with certain federal firearms disabilities to regain their gun rights—and explicitly limits denials based solely on marijuana use or past cannabis convictions. For cannabis travelers who also own or carry firearms, this is a major legal development, but it does not eliminate key travel‑related risks.

If you’re someone who uses cannabis (medically or recreationally), holds or is seeking a firearm, and travels across state lines, you now have more potential pathways to lawful gun ownership. At the same time, mixing guns, cannabis, and interstate travel remains a high‑risk legal area that demands careful planning.

What the New DOJ Rule Actually Does

According to Marijuana Moment, DOJ’s Federal Firearm Rights Restoration rule creates a formal process for people who are federally barred from possessing firearms to apply for relief. Importantly, the rule bars officials from denying these applications just because the applicant uses marijuana or has certain cannabis‑related convictions.

This change responds in part to recent court decisions questioning the constitutionality of blanket gun bans for cannabis users. Under the new framework:

• Federal reviewers must consider the individual circumstances of applicants.
• Marijuana use alone cannot be the sole basis for denial.
• Cannabis‑related convictions may carry less automatic weight than before, especially if non‑violent and dated.

However, this does not legalize every combination of gun and cannabis use, and it does not override all state laws on either topic.

Key Limits: What This Rule Does Not Change

From a travel‑law perspective, several important realities remain in place:

• Marijuana is still federally illegal. Even if you regain gun rights, cannabis remains a controlled substance at the federal level, and possessing it can still create legal exposure depending on context.
• Federal forms still ask about unlawful drug use. ATF Form 4473 (for buying firearms from licensed dealers) requires you to state whether you are an unlawful user of controlled substances, and federal law still classifies most marijuana use as unlawful.
• States can keep stricter rules. Some states bar firearms possession for certain drug offenses regardless of federal relief, or impose their own conditions.

In other words, the rule gives some cannabis users a better shot at regaining or keeping gun rights, but it does not give you a free pass to travel with both guns and cannabis wherever you want.

Travel Scenarios: Guns, Cannabis, and Crossing State Lines

Here’s how the DOJ rule intersects with common travel situations:

1. Driving Across State Lines with a Firearm and Cannabis

When you cross a state border, both states’ laws and federal law come into play.

• If you are lawfully possessing a firearm under federal and home‑state law, the new rule may reduce your risk of being considered a prohibited person solely due to cannabis use.
• But transporting cannabis between states is still generally illegal under federal law, including when driving.
• Some states treat the combination of guns and drugs harshly (for example, enhanced penalties if both are present in a vehicle during a traffic stop).

Before any road trip with these factors, review our Cannabis Transport Laws overview, and strongly consider whether carrying both is necessary.

2. Flying with Firearms and Cannabis

The new rule does not change air travel rules:

• Airports and airlines follow federal law and TSA regulations.
• Flying with cannabis remains risky, even between legal states. See our Airport & TSA Guide for current airport‑by‑airport practices.
• Firearms may be transported in checked baggage only, unloaded and declared, according to airline and TSA rules. Any cannabis in the same luggage can complicate or escalate an enforcement situation.

Practically, combining firearms and cannabis on any flight is extremely inadvisable. If you must travel with a firearm for lawful purposes, leave cannabis behind and plan to obtain legal product at your destination if permitted.

3. Medical Patients with Firearms

Medical card holders often assume their status gives them added legal protection; it usually does not when it comes to guns:

• Many states still treat medical marijuana patients as “unlawful users” under federal definitions.
• The DOJ rule may help some medical patients petition for restored gun rights, but it does not mean all medical patients may safely own or travel with firearms.
• If you travel for medical treatment to another state, your card may not be recognized there. Check Medical Card Reciprocity before you go.

Always separate the question “Can I have a card?” from “Can I lawfully possess a firearm?”—and, especially, “Can I travel with both?” The answers are often different.

What This Means for You: Practical Steps for Cannabis Travelers with Guns

If you use cannabis and also own or plan to own a firearm, consider these steps before traveling:

• Confirm your status under federal law. If you were previously barred from firearm ownership due to a cannabis conviction or drug‑related issue, speak with a qualified attorney about whether the new rule gives you a path to relief. Our Find a Cannabis Attorney tool can help you locate counsel.
• Check the laws of every state on your route. Some states are more restrictive on both cannabis and guns. A combination that is legal at home may be illegal once you cross a border.
• Avoid combining guns and cannabis during travel whenever possible. Even if you hold valid authorizations, many officers and prosecutors treat this pairing as a red flag.
• Store and transport firearms strictly by the book. Unloaded, locked, and separated from ammunition is often the safest approach. Violations of gun‑transport rules can overshadow the cannabis aspects of your case.
• Keep consumption off the road. Intoxication or impairment—real or perceived—can drastically raise your legal risk if a firearm is present, especially during traffic stops, border checks, or boating inspections.

Broader Trend: Courts and Agencies Re‑Examining Cannabis Gun Bans

The DOJ rule reflects a wider trend: federal courts have increasingly questioned whether blanket bans on gun ownership by cannabis users are compatible with the Second Amendment. Agencies are adjusting in response, but those adjustments are incremental and technical.

For travelers, this means the landscape is shifting but still unstable. Different federal circuits may apply slightly different interpretations. Local law enforcement may not be fully up to date on the rule. And prosecutors still have discretion when deciding how to charge cases that involve firearms and controlled substances.

Until there is comprehensive reform that reconciles cannabis and firearm laws more clearly, the conservative—and safer—approach is to minimize situations in which you are simultaneously:

• Possessing or transporting cannabis, and
• Possessing or transporting a firearm, especially across state lines.

If you frequently travel armed for work (for example, in certain security or outdoor professions) and also rely on cannabis for medical reasons, individualized legal advice is essential.

For more on where you may legally use cannabis once you reach your destination, see our state and city breakdown at Where Can You Smoke. For transport‑specific issues, start with Cannabis Transport Laws.

Source: Marijuana Moment. This article summarizes publicly reported news and is provided for general informational purposes only — not legal advice.