DOJ Memo Shows Awareness of Legal Weaknesses in Marijuana Users’ Gun Ban

It looks like the DOJ has been keeping some secrets about the shaky legal ground regarding cannabis consumers and gun rights. A newly uncovered 2024 memo reveals that the Biden administration was well aware that the federal ban on marijuana users owning firearms was vulnerable to litigation. While they publicly maintained a strict stance, prosecutors were privately told to be cautious to avoid "litigation risk." This quiet admission comes as the Supreme Court prepares to hear a major case, U.S. v. Hemani, which could finally settle whether this ban violates the Second Amendment.

For the everyday toker, this is a massive development in the fight for equal rights. For too long, responsible cannabis users have been forced to choose between their medicine and their constitutional right to self-defense—a choice that alcohol drinkers never have to make. Seeing the DOJ admit, even behind closed doors, that their policy is on thin ice is a huge win for the community. It signals that the tide is turning toward common sense and fair treatment for all cannabis enthusiasts.