Gregory Kielma • December 31, 2025
Marijuana & Firearm Ownership in Florida: What Tactical K Training and Firearms Students and Firearm Transfers Need to Know
Marijuana & Firearm Ownership in Florida: What Tactical K Training and Firearms Students and Firearm
Transfers Need to Know
Gregg Kielma
12/31/25
Kielma says "Let's Take a Look"
At Tactical K Training and Firearms,
we believe responsible firearm ownership starts with understanding the law. One topic that continues to create confusion for Florida gun owners and Gun owner around the United States, is the relationship between medical marijuana use and firearm possession. Because state and federal laws don’t currently align, it’s essential for every gun owner — especially medical marijuana patients — to understand the risks and responsibilities involved.
Florida Law: Medical Marijuana Is Legal
Florida’s medical marijuana program allows qualified patients to legally obtain and use cannabis for approved medical conditions. Under state law, holding a medical marijuana card does not prevent someone from owning or possessing a firearm.
Florida does not have a statute that restricts gun ownership based solely on medical marijuana use.
Federal Law: Marijuana Is Still a Controlled Substance
Even though Florida permits medical marijuana, federal law still classifies marijuana as a Schedule I controlled substance. Under 18 U.S.C. § 922(g)(3), anyone considered an “unlawful user of a controlled substance” is prohibited from possessing or purchasing firearms.
This creates the conflict:
• State law allows medical marijuana and firearm ownership.
• Federal law prohibits firearm possession by anyone using marijuana, even medically.
When purchasing a firearm from a licensed dealer, buyers must complete ATF Form 4473, which asks whether they use marijuana. Answering “yes” results in a denied purchase. Answering “no” while using marijuana is a federal felony.
Recent Court Activity
Federal courts have recently questioned whether the marijuana and firearm prohibition is constitutional. Some rulings have favored medical marijuana patients, but these decisions are not final nationwide and may continue to evolve.
For now, the federal prohibition technically remains in place.
What This Means for Tactical K Training and Firearms Students and Firearm Transfers
At Tactical K Training and Firearms,
our mission is to help every student stay safe, informed, and compliant with the law. Here’s what Florida gun owners should keep in mind:
1. State and federal laws conflict
You may be legal under Florida law but still restricted under federal law.
2. Form 4473 must be answered truthfully
Lying on the form is a serious federal offense.
3. Enforcement varies
Most §922(g)(3) cases arise during other criminal investigations, but the risk still exists.
4. Stay informed
Legal challenges are ongoing, and the landscape may change in the coming years.
Tactical K Training and Firearms Position
Tactical K Training and Firearms does not provide legal advice, but we do emphasize:
• Safe handling
• Responsible ownership
• Understanding the laws that apply to you
If you are a medical marijuana patient or considering becoming one, it’s important to stay aware of how your choices may affect your firearm rights under federal law.
Kielma’s Parting Shot:
The intersection of marijuana and firearm ownership in Florida is complex, and the laws continue to evolve. Tactical K Training is committed to helping our students navigate these issues with clarity and confidence. As always, responsible ownership begins with education — and we’re here to support you every step of the way.
Gregg Kielma
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Convicted Felon Sentenced to 87 Months in Trafficking Nine Firearms, Including to Buyer Who Said He Was ‘At War’ Thursday, April 30, 2026 U.S. Attorney's Office, District of Columbia WASHINGTON - Brandon Smith, 34, a previously convicted felon residing in the District of Columbia, was sentenced today in U.S. District Court to 87 months in prison for conspiring to traffic at least nine firearms to a prohibited buyer over the course of six months, announced U.S. Attorney Jeanine Ferris Pirro. “Brandon Smith was already on supervised probation for a violent felony when he chose to traffic firearms, and he continued even after being told the buyer intended to use them for violence,” said U.S. Attorney Pirro. “Over the course of six months, he arranged the sale of at least nine guns—including one with an obliterated serial number—to a prohibited individual. This was not a momentary lapse in judgment, but a sustained and deliberate effort to arm someone who could not legally possess firearms. My office remains committed to holding accountable those who endanger our communities by trafficking illegal guns.” On Jan. 9, 2026, Smith pleaded guilty before Judge Howell to conspiracy to commit trafficking in firearms. In addition to the 87-month prison term, Judge Howell ordered Smith to serve three years of supervised release. Federal prosecutors had requested a 108-month prison term. According to court papers, beginning in November 2023, ATF opened an investigation after a confidential source reported that Smith, then on supervised probation for a violent felony, was actively advertising firearms for sale by texting photographs of guns to prospective buyers, including individuals with prior felony convictions. During the next six months, Smith sold or arranged the sale of nine firearms to a buyer on six separate occasions. During the transactions, Smith sold his own personal carry firearm on multiple occasions when a supplier failed to deliver, then purchased a replacement for himself afterward. In early January 2024, as Smith and the buyer discussed an upcoming transaction, the buyer told Smith he needed the firearms because he was “at war” after his cousin had been killed. Smith proceeded with the sale. The buyer had also told Smith he was serving a criminal justice sentence at the time of the transactions. Smith acknowledged that he, too, was “on papers.” Smith arranged a total of six transactions from Nov. 30, 2023, through May 30, 2024, resulting in the sale of nine firearms. At least one of the firearms had its serial number obliterated. On Oct. 26, 2024, MPD officers conducted a traffic stop on the 1600 block of 16th Street SE and found Smith in the front passenger seat of a parked vehicle. Officers observed open containers of alcohol and discovered a satchel at his feet. Inside the satchel, in plain view, was a loaded Glock Model 19X 9mm handgun with a round in the chamber and 16 additional rounds in the magazine. The bag also contained a bank card and government-issued identification in Smith’s name. Smith has prior convictions for Simple Assault (2011), Attempted Robbery (2013), and Robbery and Possession of a Firearm during a Crime of Violence (2016), for which he was sentenced to five years in prison. He was serving a term of supervised probation from the 2016 conviction at the time of the firearms trafficking conspiracy. This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Office, and the Metropolitan Police Department. The matter was prosecuted by Special Assistant U.S. Attorney Brendan M. Horan. Convicted Felon Sentenced to 87 Months in Trafficking
