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Despite marijuana being legal in Virginia, federal law doesn't allow users to own a gun

Under federal law, it’s illegal to own a gun and use marijuana, even though the drug is legal in Virginia. Here's why.

NEWPORT NEWS, Va. — It’s legal to smoke marijuana in Virginia, and it’s legal to own a gun. But under federal law, Virginians can’t do both.

Earlier this week, Deja Taylor, the mother of a 6-year-old boy who police say shot his teacher at Richneck Elementary in Newport News, pleaded guilty to making a false claim about her marijuana use on a form required to buy a handgun.

Taylor bought the gun in 2022, which was later used in the school shooting on Jan. 6, according to prosecutors.

READ MORE | Mother of 6-year-old who shot Richneck Elementary teacher pleads guilty to federal gun charges

Legal analyst Ed Booth said the law is important to know when trying to purchase a firearm.

‘While Virginia has chosen to, under some circumstances, legalize marijuana, it is not legal from a federal perspective,’ Booth explained to 13News Now.

The Bureau of Alcohol, Tobacco, Firearms and Explosives – a federal agency also known as ATF – requires potential gun buyers to fill out a firearms transaction form. 

Section G of the form asks: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" 

According to court records, investigators said Taylor lied when she answered "no" even though she used marijuana.

"If you lie on the form, it’s a federal offense and it’s a felony," Booth said.

But what if recreational use is legal at the state level? Or for medicinal purposes?

The form also shares a warning: “The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.” 

Two weeks ago, ATF leaders put out an advisory after Minnesota eased its marijuana laws. 

“Until marijuana is legalized federally, firearms owners and possessors should be mindful that it remains federally illegal to mix marijuana with firearms and ammunition,” said ATF’s Acting Special Agent in Charge Jeff Reed, of the St. Paul Field Division.

The federal agency doubled down, saying cannabis users are still prohibited from buying or owning guns, referencing guidance in 2011 that advised marijuana users to tell the truth when asked on the form. 

“You tell the truth and you might not be able to buy a firearm or you lie and commit a felony. It’s pretty straightforward,” Booth said.

In a Monday court hearing, prosecutors recommended 18 to 24 months in prison for Taylor. She will be sentenced on Oct. 18.

According to a Washington Post report, these charges are not that common.

Justice Department data from 2020 shows federal prosecutors filed just under 250 cases, despite more than 33 million background checks in that span.

“We can certainly debate the questions of sovereignty and whether something that is illegal according to federal law and legal in Virginia law should be the subject of that question," Booth explained. "But the reality is it is a question the federal government can ask and there are severe consequences for giving anything other than a truthful answer.

Still, Booth said honesty remains the best policy.

"The bottom-line answer is when you are filling out this form, you’ve got to tell the truth, or you are violating federal law," Booth said. 

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