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The Justice Department (DOJ) has asked the U.S. Supreme Court to clarify the federal ban on gun possession by marijuana users due to "significant disagreement" among appeals courts. The DOJ suggests taking up the *U.S. v. Hemani* case, which involves a person convicted of possessing a firearm while using cannabis and cocaine, while holding other similar cases. Several appeals courts have issued differing rulings on the Second Amendment challenges to Section 922(g)(3), the federal law that prohibits firearm ownership for unlawful users of cannabis or other illegal drugs. Courts in the Tenth and Eleventh Circuits have sided with medical cannabis patients or dismissed indictments, arguing the ban violates the Second Amendment. The DOJ's arguments for the ban's constitutionality, based on historical precedents of disarming "dangerous" individuals, have been challenged. This legal inconsistency has created confusion among medical marijuana patients, lawmakers, and advocacy groups. Some states are taking legislative action to address the issue, and the ATF has warned Kentucky residents participating in their medical marijuana program about federal firearm prohibitions.

Trump DOJ Acknowledges Internal Disagreement on Cannabis Users’ Gun Ban

Sep 24, 2025

Source:

Kyle Jaeger

Marijuana Moment

The DOJ is officially asking the Supreme Court to clear up the confusing legal mess surrounding cannabis consumers and gun rights. Right now, different federal courts are completely disagreeing on whether the government can ban tokers from owning firearms. Some judges have recently stood up for medical patients, ruling that these old-school bans violate the Second Amendment, while others are still playing by the prohibition-era playbook. By calling for the high court to step in, the Justice Department is acknowledging that this significant disagreement needs a final answer.

For the community, this is a massive moment. We have been forced to choose between our favorite plant and our right to protect ourselves for way too long. A positive ruling from the Supreme Court would provide the nationwide clarity we deserve, ensuring that being a responsible cannabis enthusiast does not automatically turn you into a federal criminal for exercising your constitutional rights. It is a major step toward finally treating us like the law-abiding adults we are.

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