Can a Georgia Low THC Card Cost You Your Gun Rights? What the Hunter Biden Case Teaches Us

Georgia’s Low THC Card Could Cost You Your Right to Own a Gun

Georgia’s Low THC Oil Registry Card allows registered patients to possess up to 20 ounces of cannabis oil with no more than 5% THC. While this is legal under state law, it doesn’t shield you from federal firearm restrictions.

In fact, having a Low THC card could lead to federal felony charges if you attempt to buy a gun—and answer "no" to the drug use question on ATF Form 4473.

Let’s break it down.

Federal Gun Law Doesn’t Recognize Medical Marijuana

Under the Gun Control Act of 1968, it’s illegal for any “unlawful user of or addicted to any controlled substance” to possess or purchase a firearm. This includes marijuana, even for medical use, because federal law still classifies marijuana as a Schedule I drug.

The ATF has clarified that any cannabis use—even with a medical card—is enough to disqualify you from legally owning or buying a gun.

The Risk: ATF Form 4473

If you try to purchase a gun from a federally licensed firearms dealer, you must complete ATF Form 4473. Question 21(e) asks:

“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”

If you hold a Georgia Low THC card, answering “no” is a federal felony under 18 U.S.C. § 922(a)(6) for making a false statement in connection with the acquisition of a firearm.

Hunter Biden’s Felony Conviction for Lying on Form 4473

In 2024, Hunter Biden was convicted on three federal felony charges for doing exactly that:

  1. Lying on Form 4473 by denying drug use,
  2. Giving false information to a firearms dealer, and
  3. Possession of a firearm while being an unlawful user of drugs.

Evidence from his memoir and text messages showed he was using crack cocaine at the time of the gun purchase. Even though he had no violent history, he faced up to 25 years in prison before receiving a presidential pardon.

Most people aren’t so lucky.

What This Means for Georgia Gun Owners

If you’re thinking about getting a Low THC Oil card in Georgia, understand the potential consequences:

  • You cannot lawfully buy or possess a firearm under federal law.
  • Lying on Form 4473 is a serious felony, punishable by up to 10 years in federal prison.
  • Even if Georgia law says you can possess THC oil, federal law trumps state law when it comes to firearms.

Consult a Georgia Criminal Lawyer Before You Act

At George C. Creal, Jr., P.C., Trial Lawyers, we understand how complex the intersection of state cannabis laws and federal gun laws can be. If you already have a Low THC card—or you’re facing gun charges based on alleged drug use—we can help.

Don’t risk your freedom over a technicality. Know your rights—and your risks.

Contact us today  at www.georgecreal.com or 404-333-0706 for a confidential consultation.

Georgia DUI 

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