Can Marijuana Use Cost You Your Right To Bear Arms? Supreme Court Poised To Weigh On Cannabis, Second Amendment

The legality of the federal firearms ban for marijuana users faces a crucial moment.

What Happened: The issue is currently before the U.S. Supreme Court where justices will decide whether to hear an appeal of a circuit court ruling that found restricting cannabis users from owning guns violates the Second Amendment, reported Marijuana Moment, citing a legal brief from the Congressional Research Service (CRS).

The core of the legal fight revolves around Section 922, which prohibits “unlawful users” of controlled substances from possessing firearms. The Fifth Circuit’s controversial decision struck down the law in the case of a man who admitted to using cannabis while having a gun. This ruling created a significant precedent across Mississippi, Louisiana and Texas.

The Fifth Circuit declared the ban unconstitutional in a landmark decision.

However, the battle extends far beyond a single court case. The law faces challenges across the country, forcing the Justice Department to defend it on multiple fronts. Though the Fifth Circuit’s decision stands as the highest-profile legal hurdle for the ban, making it a critical battleground.

Legal arguments against the ban hinge on a crucial historical interpretation. Critics argue that current gun restrictions must be consistent with the historical context of the Second Amendment’s ratification in 1791. They contend that prohibiting gun ownership solely for marijuana use has no historical parallel. The Justice Department counters by invoking historical precedents like firearm restrictions for the mentally ill and habitual drunkards as justification for the law.

Why It Matters: The Supreme Court’s decision on whether to hear the case and its ultimate ruling could profoundly impact the relationship between gun rights and the growing acceptance of marijuana legalization. With legal arguments loaded on both sides, this high-stakes showdown is far from over. The verdict could reshape the landscape of both issues for years to come.

Read more at Marijuana Moment

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