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Sponsor urges state clarification that medical cannabis use shouldn’t bar firearm rights
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Summary
Sen. Keith Murphy and testifiers said SB462 would clarify that a qualifying patient's therapeutic use of cannabis under state law should not affect the right to purchase, possess, or transfer firearms under New Hampshire law, though witnesses noted federal restrictions still apply and recent ATF guidance narrows disqualification to habitual users.
Senator Keith Murphy presented a one-sentence bill clarifying that a qualifying patient's therapeutic use of cannabis "shall not affect the individual's right to purchase, possess, and transfer firearms in accordance with New Hampshire law." Murphy said the measure is a narrow state-level protection and a reassurance for patients who fear entering the medical program.
Nathaniel Gurian, executive director of the New Hampshire Cannabis Party, testified that federal law still controls but described an ATF interim final rule that narrows the definition of “unlawful user” so that only habitual or addicted users — not occasional or single-use patients — would be disqualified from firearms purchases. "The ATF has just announced last Thursday ... they have redefined the term unlawful user," Gurian told the committee.
Lieutenant Mary Katterberg of the New Hampshire State Police said the agency remains neutral and emphasized federal law and ATF guidance can still bar firearm purchases; a medical card alone does not automatically make someone an unlawful user unless a habitual pattern can be shown. Senators asked whether private sales or licensed dealers would face liability; testifiers said state law could provide protections for private transfers but would not eliminate federal exposure when a dealer completes Form 4473.
Committee members pressed for clarifications on whether the bill actually changes enforcement outcomes given federal supremacy. Supporters argued the bill would reduce the chilling effect that keeps some patients out of state medical programs. The committee then concluded public testimony and moved the bill on for further consideration in executive session.
