 The Federal Gun Control Act of 1968 prohibits any “unlawful user” of a controlled substance from purchasing or possessing a firearm or ammunition. And since cannabis is still listed as a Schedule 1 controlled substance, the Department of Justice considers cannabis users to be “unlawful” and therefore unable to legally own firearms. The Justice Department has vigorously pursued prosecuting cannabis users with gun charges, even if those individuals are in compliance with a state legal cannabis law.
Recently, several states have found themselves facing court cases over this issue, with varying outcomes from state to state. The most recent verdict has been handed down in support of cannabis users’ Second Amendment right to bear arms. This took place in a Fifth Circuit Court of Appeals in Texas. There, a judge ultimately dismissed charges against an El Paso resident convicted of firearm charges while admitting to being a cannabis user. The Justice Department had asserted that the federal ban on firearms for “unlawful” individuals applies to cannabis users. But the Bush-appointed judge disagreed. The Judge further pointed out that the President’s mass pardon for people who’ve committed federal marijuana possession offenses was reason enough for dismissal because, as the ruling stated, “that conviction would be expunged by the blanket presidential pardon.” The court ruling also disputed the Justice Department’s position that cannabis users should be considered too “dangerous” to possess guns. The ruling wrote: “over twenty states have legalized the recreational use of marijuana, and millions of U.S. citizens regularly use the substance,“ adding that therefore, “It strains credulity to believe that taking part in such a widespread practice can render an individual so dangerous or untrustworthy that they must be stripped of their Second Amendment rights.” Besides this and similar rulings in other states like Oklahoma, there have also been proposed bills to safeguard medical marijuana users Second Amendment rights before having to reach the courts. Some states that have such bills in process include Arkansas and Maryland, as well as some federal efforts that are being made towards enacting similar nationwide laws. On the opposite site, however, one high court in Florida ruled against cannabis users having gun rights, saying that despite Florida having state legal medical marijuana, those individuals are still, “‘unlawful’” and therefore it’s, "a crime for them to possess firearms.” That case is currently being appealed. Comments are closed.
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