Marijuana, Federal Firearms Law, and the Risks for Estate Professionals
- Drew McDermott
- Sep 12
- 3 min read
Updated: Oct 29
In Missouri, estate professionals face a legal trap few see coming. The state has legalized medical marijuana and recreational use, but under federal law, marijuana remains a Schedule I controlled substance. That conflict creates major risk when firearms surface in estates.
Most families, and many attorneys, don’t realize that marijuana use, even if fully legal under Missouri law, makes someone a prohibited person under federal firearms law. If an executor, fiduciary, or attorney transfers a firearm to an heir who holds a medical marijuana card, it could be viewed as a federal violation.
Why Marijuana and Firearms Don’t Mix Under Federal Law
The Gun Control Act (18 U.S.C. § 922(g)(3)) prohibits any “unlawful user of or addicted to a controlled substance” from possessing firearms. Marijuana is included in this category, with no exceptions for state-legal or medical use.
The ATF’s 2011 Open Letter confirmed this: marijuana users are considered unlawful under federal law, and transferring a gun to them may violate federal statute. Courts have upheld this prohibition in recent years, even as appeals challenge whether it violates Second Amendment rights.
This isn’t just theory. In recent years, courts have upheld these restrictions, though cases are now winding their way through appeals, including challenges from medical marijuana users who argue the ban violates Second Amendment rights .
Estate Professionals at Risk
Executors, attorneys, and estate companies may assume a will or trust overrides these restrictions. It does not. If the heir is a marijuana user, the firearm transfer is unlawful under federal law. That creates liability for both the heir and the professional.
Example: In Colorado, an executor released a shotgun to a son with a medical marijuana card. The family assumed state law protected them. Later, when the son attempted another firearm purchase, the prior estate transfer became part of the investigation, putting both the heir and the executor under scrutiny.
The reality: estate professionals often have no way to know whether an heir uses marijuana, yet the liability exists the moment the firearm changes hands.
Why This Matters Now
State laws are expanding. Missouri legalized recreational marijuana in 2022, but the federal prohibition still applies. The ATF clarified this again in 2023 when Minnesota passed similar laws.
Court challenges are pending. Until appeals are resolved, the ATF’s position has not changed.
Families assume legality. Many heirs believe a state marijuana card protects them. In truth, it makes them prohibited under federal law.
Firearms and Probate: A Practical Guide for Estate Professionals Download the Guide Here
How MDRF Protects Families and Professionals
At MDRF Enterprises, we take these conflicts seriously. When firearms appear in an estate, we:
Run federal stolen-gun and eligibility checks to prevent transfers to prohibited persons.
Manage ATF-required forms and records for compliance.
Keep firearms out of the possession chain of executors and attorneys, eliminating their liability risk.
This approach ensures Missouri families are protected, and estate professionals never get blindsided by a transfer that federal law prohibits.
Final Word from Drew
Marijuana laws create a dangerous gap between state permissions and federal restrictions. For estate professionals, that gap can turn a routine transfer into a federal offense.
The safest path is to never assume. Let a licensed FFL handle every firearm transfer so your clients, and your professional license, remain fully protected.
Quick FAQ
Question: Can heirs with a Missouri medical marijuana card inherit firearms
Answer: Under federal law, anyone who uses marijuana is prohibited from receiving firearms, even if state law allows it.
Question: Does marijuana use count as a firearms prohibition under federal law?
Answer: Yes. Marijuana remains a Schedule I controlled substance. Users are prohibited from shipping, transporting, receiving, or possessing firearms.
Question: What should executors do if heirs use marijuana?
Answer: Never transfer a firearm directly. Always involve a licensed FFL who can ensure compliance and avoid liability.
Question: Does Missouri marijuana law change federal gun restrictions?
Answer: No. Missouri’s legalization does not override federal rules. The ATF reaffirmed this as recently as 2023.
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