Texans Forced to Choose Between Pain or Firearms

It’s not a hypothetical. It’s not a loophole. It’s the law—and it’s targeting some of the most vulnerable Texans.

Every patient in the Texas Compassionate Use Program (TCUP), our state’s limited medical marijuana registry, is already in legal jeopardy under federal law. The moment a Texan with PTSD, cancer, epilepsy, or chronic pain enrolls in TCUP and begins legally using low-THC marijuana prescribed by a licensed physician, they are—under federal law—a “prohibited person” who can no longer legally own or possess a firearm.

Most of them have no idea.

Here’s why: under 18 U.S.C. § 922(g)(3), anyone who is an “unlawful user” of a controlled substance—even if that substance is legal under Texas law—loses their Second Amendment rights. No guns. No ammunition. No recourse.

This isn’t a bureaucratic technicality. It’s enforced.

Every legal gun sale in Texas requires ATF Form 4473, which explicitly warns that marijuana is still a Schedule I drug federally and that “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.”

If a TCUP patient answers “no” to the question about marijuana use, they’ve committed a felony punishable by up to five years in federal prison for lying on a government form. If they answer “yes,” they are denied the right to purchase—and could face federal charges simply for possessing the firearms they already legally owned prior to enrollment.

Veterans. Retirees. Rural Texans. People who have carried and relied on a firearm their entire adult lives. These are not criminals. They are patients who did what the state asked: registered for a tightly regulated program to access medicine recommended by their doctor.

And now? They are in the federal government’s crosshairs.

This is not a new law—it’s been on the books since the 1960s—but it has taken on new urgency as SB 3 threatens to eliminate most over-the-counter hemp-derived THC products in Texas, forcing tens of thousands of Texans to either suffer without relief or pivot into TCUP. They’ll be walking straight into a legal trap.

The hypocrisy is staggering. The same political leaders who campaign on defending gun rights and medical freedom are now backing policies that funnel citizens into a government-run marijuana registry—and in doing so, strip them of the very constitutional rights those leaders swore to protect.

No one should have to choose between relief from debilitating pain and the right to protect their home and family. But that’s exactly what Texas patients are facing.

Governor Abbott has the opportunity—and the obligation—to recognize this injustice. By vetoing SB 3, he can protect not only patient access to safe, legal hemp-derived relief, but also the constitutional rights of thousands of Texans who trusted their doctors and their state.

If he signs it, he owns it.

Because when a veteran who served his country with honor is forced to turn in his firearms simply for treating his PTSD with legal, state-approved marijuana, it won’t be Dan Patrick’s name they remember.

It’ll be Greg Abbott’s.