 FLORIDA: A Florida high court has said NO to cannabis users having gun rights, but an Oklahoma court has now just ruled that they CAN!
Current Federal law bans anyone who uses cannabis, even medical patients, from owning firearms, and they face felony charges if they lie about their marijuana use on the federal firearm application. FLORIDA: In the Florida case, the government was being sued to allow medical marijuana patients the right to buy and own firearms. The plaintiff’s argued that the federal ban requires state legal medical marijuana cardholders to choose between their health and their Second Amendment right. Unfortunately, the Florida judge presiding over that case ruled against cannabis users having gun rights, saying, “Florida’s medical marijuana users are ‘unlawful user[s] of . . . [a] controlled substance,’ so this law makes it a crime for them to possess firearms.” The judge is referring to the Gun Control Act of 1968 which prohibits any “unlawful user” of a controlled substance from purchasing or possessing a firearm or ammunition. Because cannabis is still listed as a Schedule 1 controlled substance, the judge ruled that any cannabis user would be “unlawful” in the federal government’s eyes, even if they are in compliance with a state law. The Florida case is currently being appealed. OKLAHOMA: But over in Oklahoma, it’s a different story. A judge there has just declared that banning cannabis users from owning guns is unconstitutional. The Oklahoma case stems from a traffic stop where police found a loaded revolver and marijuana inside the car. Charges were brought against the man and the case was brought before the U.S. District Court for the Western District of Oklahoma. Judge Patrick Wyrick heard arguments from both sides but ultimately decided to dismiss the case. He said that the federal statute which prohibits any “unlawful user” of a controlled substance from possessing firearms is, “unconstitutionally vague, in violation of the Due Process Clause, and unconstitutionally infringes upon his fundamental right to possess a firearm, in violation of the Second Amendment.” The judge further called this ban “concerning,” and cited the Second Amendment, which reads, in part, “the right of the people to keep and bear Arms, shall not be infringed.” It’s excepted that the Department of Justice will most likely appeal that ruling. MARYLAND: Over in Maryland, legislatures there are also beginning to take action to protect the Second Amendment. Their House Judiciary Committee are currently reviewing a bill from Republican sponsors which seeks to preserve gun rights for cannabis users. One of the bill sponsors, Robin Grammer, said the existing policy, “puts average Marylanders in a bind.” FEDERAL: While the state courts try to work out these cases, the whole problem could be solved by deschedling cannabis. But since that still hasn’t happened, the states have been attempting to pass local legislation. But in Washington, there are also some lawmakers there who are also trying to find other ways to lift this ban. The late Republican Representative from Arkansas, Don Young, introduced the Gun Rights and Marijuana Act (or GRAM Act) in 2021, which would have ended the gun ban in legal marijuana states if it had passed. Unfortunately it did not. Last year, other legislatures in the US Senate attempted to attach a trio of cannabis bills, including the Gun Rights and Marijuana Act, to the National Defense Authorization Act, but those also did not pass. Last month, the Republican US Representative from West Virginia, Alex Mooney, re-introduced his Second Amendment Protection Act which would allow medical marijuana patients to purchase and possess firearms. In the past, that bill has not made it through, but there is a stronger possibility that it could going into this new Republican led House. This could be because of the Republican leaders strong desire to protect gun rights, and this bill could be considered a gun bill, rather than a cannabis bill. Comments are closed.
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