NH House Bill 1446 Backgrounder

Title: providing that an individual’s use of therapeutic cannabis shall not disqualify the individual from the private purchase, ownership, or possession of a firearm.

18 U.S.C. § 922(g)(3) is a federal law making it illegal for unlawful users of or addicts to controlled substances to ship, transport, possess, or receive firearms or ammunition, falling under the broader prohibition of certain persons possessing firearms under 18 U.S.C. § 922(g).

 ATF Form 4473 — the Firearm Transaction Record — is a seven-page document required under 18 U.S.C. § 922(g)(3) that must be filled out whenever someone buys a firearm from a licensed firearms dealer. It asks questions including whether the buyer is an “unlawful user” of or addicted to drugs and is the actual buyer of the firearm.

Question 21f states: Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? WARNING: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

Lying on the form is a felony punishable by up to 10 years in prison. Additionally, being an “unlawful user” of controlled substances in possession of a firearm carries a penalty of up to 5 years.

This obliges law-abiding citizens to choose either to retain their constitutionally protected second amendment rights OR use state-legal medical cannabis, but not both, depriving veterans with PTSD, cancer and other patients of relief from certified medical conditions. Perhaps even worse, it tempts otherwise law-abiding citizens to commit one or more felonies each time they exercise their constitutionally protected second amendment rights.

It prohibits individuals who are “unlawful users” of or addicted to controlled substances (as defined in federal law) from possessing firearms or ammunition. Prior to January 22, 2026, firearms purchasers would be denied if they had one or more convictions for possession and/or a positive drug test. However as of January 22^nd, NICS submissions are not denied simply due to either a conviction or positive drug test within prior 12 months and the new ATF Rule has re-defined “unlawful user” only as a habitual or addicted user.

The new rule implemented January 22^nd states: An unlawful user is “A person who uses a controlled substance and demonstrates a pattern of compulsive use of the controlled substance, characterized by impaired control over use, is addicted to a controlled substance.”  

The practical effect of this Rule is that unless a purchaser believes or knows that they have impaired control over their cannabis usage and is therefore an addicted user, they may answer “NO” to Question 2 without risking legal jeopardy for perjury.

 Prior to January 22^nd, holding a valid state-issued cannabis patient registration card was considered evidence of such federally illegal (habitual) use.

However, the Rule also states: “A person who regularly uses a controlled substance over an extended period of time continuing into the present, without a lawful prescription or in a manner substantially different from that prescribed by a licensed physician, is an unlawful user of a controlled substance.”

I have submitted the following request to ATF and DOJ: “It would seem that a medical cannabis patient “who regularly uses cannabis over an extended period of time continuing into the present substantially in a manner as recommended, certified or prescribed by their physician” would not be an unlawful or addicted user since their use would prima facia not be “compulsive” or represent “addiction” to a controlled substance but rather simply taking their prescribed medication. Kindly clarify this.”

ROHRABACHER-FARR FEDERAL BUDGET AMENDMENT

There is an amendment attached to the federal budget renewed annually every year since 2014 called Rohrabacher–Farr that prohibits the US Department of Justice (and by extension any of its bureaus and agencies including ATF, FBI and DEA) from interfering with state medical cannabis programs, to wit:

 “None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of AL, AK, AR, CA, CO, CT, DE, DC, FL, HI, IL, IA, KY, ME, MD, MA, MI, MN, MS, MO, MT, NV, NH, NJ, NM, OR, RI, SC, TN, UT VT, WA and WI, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”

HB1446 amends RSA-126-X to protect the private Second Amendment rights of therapeutic cannabis patients from federal interference and prosecution by incorporating those rights as an essential and integral part of our Therapeutic Cannabis Program.

Via HB1446, the existing federal prohibition on the USDOJ, ATF, FBI and DEA interfering with implementation of any of the provisions of our state’s medical cannabis program would now also specifically include protecting the private Second Amendment rights of registered medical cannabis patients.

WHY FEDERAL SUPREMACY DOES NOT APPLY TO HB1446

• • HB1446 simply identifies specific components of New Hampshire’s therapeutic cannabis program (private 2A rights) as integral and essential and therefore are protected from US DOJ interference under existing federal law (Rohrabacher)

• • Rohrabacher as federal law was enacted to supersede and modify existing federal law (the Controlled Substances Act (CSA) by prohibiting USDOJ interference with state medical cannabis law that conflicts with the CSA. 

• • HB1446 does not presume to supersede or modify federal law. Rather it declares and clarifies the scope of its medical cannabis program already protected by federal law.

WHAT HB 1446 DOES

• Affirms that state-registered medical cannabis patients retain firearms rights under New Hampshire law.
• Prohibits state and local enforcement of the federal ban against these patients.
• Provides the same practical legal protection from federal interference and prosecution for the private exercise of 2A rights, e.g., firearms possession, transfer and transport for NH medical cannabis patients as use, possession and transport of cannabis for NH medical cannabis patients
• Creates a clear legislative record that NH patients are not “unlawful users” under state law.
• Positions NH to defend and support cannabis patients from federal interference and prosecution for exercising their constitutionally protected second amendment rights.

WHAT HB 1446 DOES NOT DO

• Provide practical legal protection for purchasers, FFLs and police from federal prosecution and penalties for firearms transactions conducted with federally licensed firearms licensees (FFL dealers). However, the new ATF rules implemented on January 22^nd re-defining an “unlawful user” as an addicted individual does provide ironclad legal protection for non-addicts.
• It does not require state officers to interfere with federal enforcement.
• It does not expand cannabis legality beyond our current medical program.

WHY IT MATTERS

• Statistically, federal prosecutions for being an “unlawful user” of a controlled substance in possession of a firearm are rare even without the enhanced legal protection HB1446 will provide NH medical cannabis patients. The current low risk of legal jeopardy of exercising private 2A rights will be effectively reduced from slim to none by HB1446.
• Protects patients: No one should have to choose between medicine and their rights.
• Supports veterans: Many veterans rely on medical cannabis for PTSD yet risk disarmament.
• Respects NH Constitution: Part I, Article 2-a guarantees the right to bear arms.
• Defends state sovereignty: NH decides how its resources are used — not Washington

NOTES

1. Nathaniel Gurien, who assisted in developing this initiative and helped introduce HB1446 during the public hearing of January 14^th, spoke with the State Police Lieutenant Mary Cattabriga following her testimony about the downstream potential legal jeopardy effecting firearms purchasers, state police and FFL around purchases from a FFL based upon the purchaser’s possible false sense of security derived from this bill. We concur with her concerns and wish to amend the bill’s language and title per the updated “Model Bill & Legislative Intent Memo” as well as revising the “HB1446 Backgrounder” to reflect these. These revisions are highlighted in yellow for easy reference.

2. Recent news on Congress’s 2026 approval of Rohrabacher.