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Maryland lawmakers are debating House Bill 365, which seeks to prevent authorized medical cannabis patients from being denied the right to purchase, own, possess, or carry a firearm solely based on their patient status, addressing a current loophole in state law. This state-level reform would not affect the similar federal prohibition, which is currently facing scrutiny by the U.S. Supreme Court.

Maryland Lawmakers Take Up Bill To Protect Medical Marijuana Patients’ Gun Rights

Feb 5, 2026

Kyle Jaeger

Marijuana Moment



Maryland lawmakers are taking up a bill to protect the gun rights of
medical marijuana patients in the state.

Members of the House Judiciary Committee discussed the legislation from
Del. Robin Grammer (R) on Wednesday. The delegate has sponsored multiple
versions of the cannabis and gun rights measure over recent sessions, but
they have not yet advanced to enactment.

“House Bill 365 protects the firearm ownership rights of those who qualify
to use medical cannabis by reconciling the articles concerning health and
public safety,” Grammer said at the hearing. “A loophole continues to exist
between the laws governing our medical cannabis industry and the laws
governing our state police. Currently, patients who qualify to use medical
cannabis—a legal product through Maryland’s legal medical cannabis
certification—lose their rights for answering the relevant firearms forms.”

“If you have a card or even the simple administration-issued identification
number, you lose your rights,” he said. “You need not purchase, possess or
use cannabis. Your status as a qualifying patient, per the current
procedures followed by the state police, prohibits a legitimate purchase.”

“Maryland qualifying patients need protection, and we need to provide the
leadership to protect them,” the sponsor said. “It makes no sense if
qualifying patients in Maryland cannot legally purchase a gun, but can
legally carry one. We should pass House Bill 365 to protect the rights of
those who use non-addictive medical solutions.”



The state-level reform would not change a federal statute mandating a
similar prohibition; however, that federal policy is actively being
reviewed by the U.S. Supreme Court amid a flurry of lawsuits challenging
the constitutionality of the law.

As far as Maryland law is concerned, the one-page bill states that a
“person may not be denied the right to purchase, own, possess, or carry a
firearm under this title solely on the basis that the person is authorized
to use medical cannabis.”

While Maryland voters approved a ballot initiative to broadly legalize
marijuana for adult use in 2022, the legislation that was considered in
committee would not impact the rights of non-patients when it comes to
state gun laws.

At the federal level, the gun prohibition for marijuana consumers is facing
scrutiny in federal courts across the country, as well as the Supreme
Court. Numerous cannabis and gun rights organizations, including the
National Rifle Association (NRA), have submitted briefs in that
high-profile case urging justices to uphold a lower court ruling that
deemed the gun restriction unconstitutional.


*— Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon
supporters pledging at least $25/month get access to our interactive maps,
charts and hearing calendar so they don’t miss any developments.*


*Learn more about our marijuana bill tracker and become a supporter on
Patreon to get access. —*

Back in Maryland, legislators also recently filed bills to extend a
psychedelic task force through the end of 2027 to develop updated
recommendations on expanding therapeutic access to the novel drugs and
potentially creating a regulatory framework for broader legalization.

Meanwhile, a Republican congressional lawmaker representing Maryland who
has built a reputation as one of the staunchest opponents of marijuana
reform on Capitol Hill—and whose record includes ensuring that Washington,
D.C. officials are blocked from legalizing recreational cannabis sales—may
be at risk of being unseated in November due to redistricting in his state.

The post Maryland Lawmakers Take Up Bill To Protect Medical Marijuana
Patients’ Gun Rights appeared first on Marijuana Moment.

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