Can you Smoke Weed and Keep Your FOID Card in Illinois?
Even though recreational marijuana use is legal in Illinois, smoking weed can put your firearm rights at risk. The Illinois State Police (ISP) can suspend or revoke your Firearm Owner’s Identification (FOID) card due to cannabis use, even if it complies with state law.
Understanding the Conflict Between State and Federal Law
If you’re like many Illinois residents, you may use cannabis recreationally but also own a firearm. However, federal law conflicts with Illinois gun and cannabis laws, and this contradiction can have serious consequences for gun owners.
Key facts to understand:
- The right to own a gun is protected by the U.S. Constitution.
- Prior to 2020, marijuana was illegal in Illinois.
- Governor J.B. Pritzker signed the Cannabis Regulation and Tax Act in June 2019, legalizing adult-use recreational cannabis as of January 2020.
- Despite state legalization, marijuana possession and use remain federal crimes.
- Federal law supersedes state law, meaning federal firearm prohibitions can, in some situations, still apply to cannabis users.
How the Illinois State Police Enforces FOID Card Regulations
ISP is responsible for reviewing, issuing, suspending, and revoking FOID cards. While ISP publicly states that it will not revoke FOID cards solely for legal cannabis use, this does not mean they cannot or will not take action.
Under the Gun Control Act of 1968 (18 U.S.C. § 922), individuals who use marijuana are federally prohibited from possessing or purchasing firearms or ammunition. This restriction applies until at least one year after their last cannabis use.
Risk Factors That Can Trigger FOID or CCL Revocation
Even though Illinois allows recreational cannabis, users to continue owning firearms, specific actions can lead to legal trouble:
- Admitting to Cannabis Use on a Federal Firearm Background Check (ATF Form 4473) – This can lead to a denied firearm purchase.
- Possessing Cannabis While Carrying a Firearm – If caught, authorities may seize your firearm and report you to federal agencies.
- Admitting to Cannabis Use During a Traffic Stop or Firearm Check – An officer’s report can result in FOID or Concealed Carry License (CCL) revocation.
Legal Risks and Penalties
Possessing a firearm while using cannabis—even legally under Illinois law—remains a federal crime. Consequences of violating 18 U.S.C. § 922(g)(3) include:
- Up to 10 years in federal prison.
- Permanent loss of gun rights.
- Fines and firearm confiscation.
Protecting Your Gun Rights
Illinois gun owners who use cannabis can face potential risks even though the state allows cannabis use and firearm ownership, federal law prohibits both at the same time. This creates a legal gray area where individuals may:
- Lose their FOID card or concealed carry license.
- Be denied future gun purchases.
- Face federal prosecution.
If you value your Second Amendment rights, you have a few options. First, you may wish to reconsider your cannabis use. If this is not an option for you, then at a minimum, be very careful not to possess both cannabis and a firearm at any time. At Crossroad Legal, we are dedicated to helping gun owners protect their constitutional rights, including appealing FOID card denials and revocations linked to cannabis use.
How to Minimize Your Risk
Some Illinois gun owners take steps to reduce their exposure to legal consequences:
- Avoid public or online statements about cannabis use.
- Store firearms separately from cannabis to prevent possession charges.
- Seek legal counsel if your FOID/CCL is revoked.
If you or someone you know believes their Second Amendment rights have been unlawfully violated due to cannabis use, contact us today to schedule a free consultation with an experienced gun rights attorney.