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The Justice Department is asking the Supreme Court to uphold the federal ban on gun ownership for marijuana users, arguing that cannabis consumers are uniquely dangerous regardless of the drug's potential rescheduling to Schedule III. The case, U.S. v. Hemani, faces opposition from gun rights groups and the ACLU, who argue the ban lacks historical precedent and violates the Second Amendment.

DOJ Defends Federal Gun Ban for Cannabis Users Even After Rescheduling

Feb 20, 2026

Source:

Kyle Jaeger

Marijuana Moment

The Justice Department is doubling down on its stance that cannabis consumers shouldn't own firearms, even as federal rescheduling looms. In a recent Supreme Court filing for the case U.S. v. Hemani, government lawyers argued that marijuana users are "uniquely dangerous," regardless of whether the plant moves to Schedule III. They’re pushing to keep a long-standing federal ban in place, despite pushback from the ACLU and the NRA, who argue the restriction lacks historical standing and violates Second Amendment rights.

This is a massive deal for the community because it highlights a major disconnect in federal policy. Even if we get rescheduling, the government is signaling it still wants to treat responsible tokers like high-risk criminals when it comes to their constitutional rights. For regular users, this case is about more than just guns; it’s about ending the "second-class citizen" status that has followed cannabis enthusiasts for decades. As state-level acceptance grows, watching the Supreme Court tackle this on March 2nd will be crucial for the industry's future.

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