The Trump-led Department of Justice (DOJ) is defending a longstanding federal gun restriction for drug users—including cannabis consumers—in a new Supreme Court filing, arguing that such individuals “pose a clear danger of misusing firearms.”
The June 2 filing, submitted by Solicitor General D. John Sauer in U.S. v. Hemani, reaffirms the constitutionality of 18 U.S.C. § 922(g)(3), which prohibits firearm possession by “unlawful users” of controlled substances. While the statute’s language does not specify “habitual” use, the DOJ’s brief references habitual users 40 times in making its case that the restriction is narrowly tailored and rooted in public safety.
“Section 922(g)(3) complies with the Second Amendment,” the DOJ wrote, insisting that disarming drug users is consistent with historical laws disarming “dangerous” individuals. The statute, the filing claims, is temporary and allows people to regain gun rights if they stop using illegal drugs.
However, a growing number of federal courts have pushed back. The Eighth Circuit ruled last year that the ban was unconstitutional as applied in U.S. v. Baxter, and another panel in U.S. v. Cooper dismissed a prison sentence for a marijuana user, warning that Congress cannot broadly disarm a class of people based only on perceived danger.
These conflicting rulings have left lower courts and legal observers uncertain, with multiple similar cases—including Cooper and Baxter—awaiting potential Supreme Court review.
The DOJ appears to favor Hemani as the lead case, perhaps due to the defendant’s history of cocaine use and drug sales—presenting a less sympathetic profile than other cases involving only marijuana possession.
Meanwhile, public confusion continues. While marijuana is legal in many states, firearm ownership remains off-limits under federal law for users. Advocacy groups like the NRA have noted the “confusing regulatory landscape,” and lawmakers in states like Kentucky and Pennsylvania have introduced bills urging federal reform.
As the Supreme Court weighs whether to take up Hemani, the ruling could shape the future of gun rights for millions of cannabis users—and define the limits of federal power in a rapidly shifting legal landscape.
Read the whole article from MarjiuanaMoment here.
