Medical Marijuana and Guns in Nevada

Can a Nevada medical marijuana patient own a gun? As written, NRS 202.360 and 18 U.S.C. 922(g)(3) both bar an unlawful user of a controlled substance from possessing a firearm. NRS 202.257 also bars having one while too impaired to control it safely, except at home for self-defense. Ask a Nevada firearms lawyer how they apply to you.

This post summarizes federal and Nevada law and shares a lawyer’s 2016 comments, so read it as general information, not legal advice.  Before you make any decisions regarding medical marijuana and gun ownership, you should contact a licensed attorney.

Gun laws are a constant topic of debate in America.

Some people want stricter gun laws passed. Some people feel our current gun laws are strict enough as it is.

Here in Nevada, the issue becomes even more complicated when you consider the laws surrounding medical marijuana and guns.  Patients are constantly asking the following questions:

“If I have a concealed carry permit, can I still use medical marijuana?”
“What about openly carrying a firearm? Can I still do that and use my medicine?”
“What does the law say exactly?”

These sound like simple, straight-forward questions.  Unfortunately, the answers are anything but that.

Each law is set out below, federal first and then Nevada, with a link to the statute text, so you can see exactly what it says.

What the Feds Say About Medical Marijuana and Guns

Marijuana is still a federally controlled substance. Since April 28, 2026, marijuana in an FDA-approved product or under a state medical marijuana license is in Schedule III, and all other marijuana remains in Schedule I.

In 2013 the Justice Department told federal prosecutors to focus on priorities such as stopping sales to minors and drug cartels in states with strict rules, but it rescinded that guidance on January 4, 2018.

Federal agents can still enforce federal drug law in Nevada, so following Nevada’s medical marijuana law does not settle your federal risk.

Things change drastically when you add medical marijuana and guns into the mix.

As written, 18 U.S.C. 922(g)(3) bars an unlawful user of a controlled substance from receiving or possessing any firearm or ammunition, and 922(d)(3) bars selling or giving a firearm or ammunition to a person the seller knows or has reason to believe is one. Whether a Nevada medical marijuana cardholder is an unlawful user, including since April 2026, when marijuana under a state medical marijuana license moved to Schedule III, is a legal question.

If a federal law enforcement officer searched your house and found an ounce of medical marijuana, you could potentially get in trouble.

In June 2026, in United States v. Hemani, the U.S. Supreme Court held that prosecuting a man under 922(g)(3) for keeping a gun at home, based only on his regular marijuana use and with no proof it made him dangerous, violated the Second Amendment. The Court called its ruling narrow. How it applies to a Nevada cardholder who buys, owns or carries a gun is a legal question, so speak with a Nevada firearms lawyer first.

What the State of Nevada Says About Medical Marijuana and Guns

Nevada’s own laws add a second layer, and it is easy to misread.

In 2016 the post’s original author spoke with Derek J. Connor, a lawyer who handled medical marijuana cases, and his comments are shared below. Nevada’s rules start with NRS 202.360, which bars any unlawful user of a controlled substance, or anyone federal law bars, from owning or possessing a firearm.

There is a second rule, too.

Nevada law (NRS 202.257) makes it a crime to have a firearm in your physical possession while under the influence of a controlled substance to a degree that leaves you unable to safely control it.

At first glance, this is a little disconcerting because it seems to suggest that you can’t use medical marijuana in your house even if you have your guns locked away in another room.

Before you worry, read the next part, because the law also says this:  “This prohibition does not apply to the actual physical possession of a firearm by a person who was within the person’s personal residence and had the firearm in his or her possession solely for self-defense.”

That home exception covers only the under-the-influence rule in NRS 202.257. It does not answer the separate bans in NRS 202.360 or in federal law.

Outside that home exception, having a gun in your possession while impaired to that degree is against the law.  Breaking that rule is a misdemeanor under NRS 202.257, and the gun can be forfeited if it was handled in a way that endangered others.

The Bottom Line

To sum it up, the federal government says that:

• Marijuana is still a federally controlled substance, though marijuana under a state medical marijuana license moved to Schedule III in April 2026
• As written, 18 U.S.C. 922(g)(3) bars an unlawful user of a controlled substance from having guns, though in June 2026 the Supreme Court held its use against one regular marijuana user unconstitutional, in a ruling it called narrow.

The state of Nevada says:

• Medical use is exempt from state prosecution if you hold a Nevada registry card and stay within NRS 678C.
• Gun ownership is a separate question: NRS 202.360 bars unlawful drug users and anyone barred by federal law.
• But having a gun while too impaired by marijuana to control it safely is illegal, except at home for self-defense (NRS 202.257)

In 2016, Connor said it was unlikely that federal prosecutors would pursue patients who follow state law. The 2013 Justice Department guidance in place then was rescinded on January 4, 2018.

He also said officers had, on occasion, taken firearms from patients just for holding a medical marijuana card, so ask a Nevada firearms lawyer how this applies to you.

Your registry status is confidential: the state registry may not disclose cardholder names, except to Parole and Probation if you are on parole or probation, and to police checking that a card is valid (NRS 678C.800).

You wouldn’t broadcast your medical records to the world.  Your medical marijuana patient status is just that: a part of your private medical record.  It is yours to share when you choose, and any answer you give on an official form must be truthful.

And when you’re using your medicine, keep your guns under lock and key.

Like the disclaimer said at the beginning of this post, this post is opinion, not legal advice.  If you really want to know what your rights are and how you can legally protect yourself, you should consult with a lawyer.

Last updated October 15, 2026 by the Dr. Green Relief Editorial Team.

Sources

• Nevada Revised Statutes chapter 202 (NRS 202.257, 202.360)
• 18 U.S.C. 922, Unlawful acts (govinfo)
• Supreme Court of the United States, United States v. Hemani (2026)
• Federal Register 2026-08176 (91 FR 22714), Schedules of Controlled Substances: Rescheduling of Food and Drug Administration Approved Products Containing Marijuana
• U.S. Department of Justice, Marijuana Enforcement memorandum, January 4, 2018
• Nevada Revised Statutes chapter 678C, Medical Use of Cannabis (NRS 678C.800)