The Justice Department is urging the U.S. Supreme Court to review a federal rule that bars people who use cannabis or other illegal substances from owning firearms. The DOJ argues the policy aligns with the Second Amendment and should remain in place.
- John Sauer, the U.S. Solicitor General, has asked the justices to take up one of several pending cases to address conflicting decisions from lower courts on whether marijuana consumers can legally possess guns. Federal appeals courts have issued mixed rulings, creating what DOJ calls a growing “circuit conflict.”
Last week, DOJ asked the high court to review U.S. v. Hemani, a case they describe as a prime example of the dispute over 18 U.S.C. § 922(g) (3), which prohibits gun and ammunition possession by unlawful drug users. In that case, the defendant reportedly used both cannabis and cocaine and had a record of drug sales, making him, in the government’s view, a less sympathetic figure than defendants in similar cases who were only linked to cannabis.
According to Sauer, the matter impacts hundreds of cases annually and centers on whether individuals who regularly use banned substances—but are not necessarily impaired when carrying a firearm—can be disarmed.
In its filing, DOJ pointed out that the Seventh Circuit has supported the ban, the Eighth Circuit has allowed it only with individual justification, and the Fifth Circuit has said it generally violates the Second Amendment unless the user was intoxicated while armed.
New rulings have further complicated the split, prompting the DOJ to push for Hemani as the lead case for resolution. It also emphasizes that cannabis remains illegal under federal law, regardless of state-level legalization, and federal rules take priority.
Several related cases—U.S. v. Baxter, U.S. v. Cooper, and U.S. v. Daniels—are also before the Court. In Cooper, a prison sentence was overturned for a man convicted of having a gun while using cannabis. In Baxter, the Eighth Circuit suggested the law might be unconstitutional in some cases. The DOJ wants the Supreme Court to decide Hemani first, and then apply that ruling to these others.
Recent court rulings have increasingly challenged § 922(g) (3), with some judges saying there’s little historical support for disarming all drug users. The Eighth Circuit recently suggested the government could justify such a restriction if it proved a particular drug inherently made users dangerous. The Third Circuit, however, requires individualized assessments for each defendant.
The DOJ has argued the ban is consistent with the Supreme Court’s U.S. v. Rahimi decision, which upheld firearm restrictions for people under domestic violence restraining orders. Federal prosecutors have also claimed that cannabis users pose safety risks, are more prone to suicide, and might commit crimes to support drug habits.
State-level responses vary, with some lawmakers pushing for reforms to protect medical marijuana patients’ gun rights, while others back stricter enforcement. In Kentucky, officials recently warned that residents who join the new medical marijuana program will be prohibited from purchasing or possessing firearms under federal law.
The Supreme Court is expected to discuss whether to take Hemani and the other cases in a closed conference next month. Their decision could have sweeping implications for both gun rights and marijuana policy nationwide.
The entire marijuana industry, including entities like TerrAscend Corp. (TSX: TSND) (OTCQX: TSNDF), will be watching how the U.S. Supreme Court decides on this matter before it as it could have major ramifications on the industry.
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