Medical Cannabis Users Face Most Gun Permit Denials in Hawaii

Medical marijuana patients accounted for nearly three in ten gun permit denials in Hawaii last year, outpacing all other rejection reasons, according to the state attorney general's annual firearms report.

The "Firearms Registration in Hawai'i" report, released last month, documented 47 permit denials based on applicants' medical cannabis patient status out of 163 total rejections in 2024—representing 28.8% of all denials. No other single disqualifying factor came close to that percentage.

The data highlights an ongoing conflict between state medical marijuana programs and federal firearms law. Under the Gun Control Act of 1968, anyone who uses marijuana—even legally under state law—is prohibited from purchasing or possessing firearms because cannabis remains a Schedule I controlled substance federally.

The Legal Collision

Hawaii's medical cannabis program has enrolled thousands of patients since launching in 2000, creating a growing population caught between state-sanctioned treatment and federal gun restrictions. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) requires all gun purchasers to complete Form 4473, which explicitly asks if the applicant is "an unlawful user of, or addicted to, marijuana."

Answering "yes" disqualifies the applicant. Answering "no" while being a registered medical marijuana patient constitutes lying on a federal form—a felony punishable by up to five years in prison.

Hawaii maintains a firearms registry, one of the most comprehensive tracking systems in the United States. The state cross-references gun permit applications against its medical marijuana patient database, effectively creating an automatic denial system for registered patients.

Constitutional Questions

The intersection of cannabis use and gun rights has drawn increasing legal scrutiny. Last year, the Fifth Circuit Court of Appeals ruled in United States v. Daniels that the federal ban on gun ownership for marijuana users violates the Second Amendment. That decision created a circuit split, though it applies only within the Fifth Circuit's jurisdiction.

Other courts have reached different conclusions. The Ninth Circuit, which includes Hawaii, upheld the federal prohibition in a 2016 decision, reasoning that preventing drug users from accessing firearms serves a compelling government interest in public safety.

Civil liberties advocates argue the blanket prohibition unfairly punishes patients using cannabis under medical supervision for legitimate health conditions. Gun rights organizations have similarly challenged the policy, though they've historically been reluctant to align with marijuana reform efforts.

What's Next

The Biden administration's proposed rescheduling of marijuana from Schedule I to Schedule III could eventually impact this issue, though the change wouldn't automatically resolve the conflict. Even Schedule III substances can trigger firearms prohibitions under certain circumstances.

Several states with medical marijuana programs face similar dilemmas. Pennsylvania, for instance, has seen medical cannabis patients successfully challenge denials in state court, though those victories don't override federal law.

Hawaii's legislature hasn't introduced bills specifically addressing the gun-cannabis conflict this session. The state processed 5,842 total firearms permit applications in 2024, with a 97.2% approval rate overall.

For Hawaii's estimated 35,000 medical marijuana cardholders, the choice remains binary: maintain legal access to their medicine or preserve their Second Amendment rights. The state's data-driven approach to enforcement means that middle ground doesn't exist.

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This article is based on original reporting by www.marijuanamoment.net.