On September 21, 2011, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) joined other Federal offices speaking on matters related to medical marihuana.  The Bureau's memo came in response to numerous inquiries from gun dealers.  It stated that guns or ammunition cannot be sold to registered users of medical marihuana.

"There are no exceptions in federal law for marihuana purportedly used for medicinal purposes, even if such use is sanctioned by state law," said the letter by Arthur Herbert, ATF's assistant director for enforcement programs and services.

Federal firearm licensees, or FFLs, can't sell a gun to someone who answers "yes" on a required form that asks whether the buyer is a controlled substance user.  In its memo, ATF takes the position that there are no exceptions in federal law for medical marihuana users even if the use is sanctioned by state law. But, the restrictions do not end with whether an express declaration has been made on an application or not.  According to the letter signed by Arthur Herbert, licensed dealers can't sell a gun or ammunition if they have "reasonable cause to believe" the buyer is using a controlled substance.  That includes if the buyer presents a medical marihuana card as identification, or talks about drug use, having a medical marihuana card or a recent drug conviction, ATF spokesman Drew Wade said Wednesday.

The ATF memo can be reached through this link: ATF Memo 092111 .