Revising Definition of Unlawful User of or Addicted to Controlled Substance
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- Title
- Revising Definition of Unlawful User of or Addicted to Controlled Substance
- Posted
- Jan 22, 2026
- Comment period
- Jan 22, 2026 – Jul 1, 2026
- FR Doc
- 2026-01141
- CFR
- 27 CFR Part 478
Overview
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Stance breakdown
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Issues raised
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Issues shown
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| Organization | Impact of scotus rulings | Need for objective criteria | Dangerousness standard for drug use | Definition of unlawful user | Drug use and firearm eligibility |
|---|---|---|---|---|---|
American Association of Nurse Practitioners AdvocacySupport The American Association of Nurse Practitioners (AANP) supports the ATF's effort to clarify the definition of an unlawfu | · | · | · | · | · |
FPC Action Foundation AdvocacySupport The Firearms Policy Coalition and FPC Action Foundation support the ATF's decision to abandon a regulatory interpretatio | · | · | · | ||
Giffords Law Center AdvocacyOppose GIFFORDS and Brady United Against Gun Violence oppose the ATF's interim final rule, arguing that it was issued without p | · | · | · | ||
National Shooting Sports Foundation, Inc. Trade associationSupport The National Shooting Sports Foundation (NSSF), a trade association for the firearms industry, supports the ATF's revise | · | · | · | ||
SEARCH, The National Consortium for Justice Information and Statistics AdvocacySupport SEARCH, a nonprofit organization representing state justice information systems, supports the ATF's updated guidance but | · | · | · |
1 organization-typed comment could not be identified.
Explorer
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- Jan 22, 2026AimHi, IncSupportBusiness
The commenter, an Operations Manager at a Federal Firearms Licensee (FFL), supports the ATF's move to revise the definition of an unlawful user of a controlled substance. They request specific clarifications regarding how FFLs should handle state-issued medical marijuana cards and whether factors like the odor of marijuana should constitute "reason to know" for stopping a transaction.
Read comment → - Jun 4, 2026Anonymous AnonymousSupportIndividual
A veteran who uses medical marijuana for PTSD argues that medical marijuana patients should retain their Second Amendment rights to purchase firearms. The commenter contends that there is no correlation between medical marijuana use and violent behavior and requests that the definition of an unlawful user be revised to allow these individuals to exercise their rights.
Read comment → - Jun 3, 2026Joanna MarshallSupportIndividual
An individual with MS who uses medical marijuana argues that they should not be considered an "unlawful user" of a controlled substance. They support the proposed definition change to ensure that responsible medical marijuana users retain their right to own and carry firearms.
Read comment → - May 6, 2026Chris OglesbySupportIndividual
A disabled veteran supports the ATF's interim final rule to revise the definition of "unlawful user of or addicted to any controlled substance." The commenter argues that the revision correctly aligns with judicial precedent by ensuring that isolated incidents or lawful medical cannabis use do not result in the automatic loss of Second Amendment rights.
Read comment → - Mar 23, 2026Avi Aiken FernandezSupportIndividual
A former prosecutor and attorney supports the Department of Justice's move to update the definition of an "unlawful user of or addicted to any controlled substance" to require chronic use over an extended period. However, the commenter argues that the rule needs more specific "bright line" metrics, such as a sliding scale of aggravating and mitigating factors, to ensure consistent application and avoid subjective interpretation.
Read comment → - Mar 5, 2026Anonymous AnonymousSupportIndividual📎 Attachment
The commenter argues that the current definition of an "unlawful user" of a controlled substance is vague and unconstitutional under the Second Amendment. They advocate for a definition based on habitual patterns that cause immediate life-threatening consequences and psycho-physiological dependence, rather than single instances of use.
Read comment → - Jan 29, 2026Chris ClarkSupportIndividual
The commenter supports the ATF's move toward an evidence-based definition of "unlawful user" but argues the agency should go further. They urge the ATF to explicitly exempt individuals participating in state-legal medical or adult-use marijuana programs from being classified as unlawful users.
Read comment → - Jan 28, 2026Matthew SladeSupportIndividual
The commenter supports the ATF's Interim Final Rule to revise the definition of "unlawful user of or addicted to any controlled substance" as it aligns with constitutional standards and modern medical practice. They specifically request that the rule explicitly exempt state-authorized medical cannabis patients from being classified as "unlawful users" to ensure consistent and fair enforcement.
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