19 States Want Gun Ban for Cannabis Users They Made Legal

Educational Content Disclaimer: This article provides general educational information about firearms laws and legal proceedings. It is not legal advice and should not be relied upon as such. Laws vary significantly by jurisdiction and change frequently. Always consult with a qualified attorney familiar with your local and state laws before making any decisions related to firearms ownership or use.

Why it matters: Nineteen states that legalized marijuana are asking the Supreme Court to keep treating their own legal cannabis customers as federal criminals who can't own guns—a contradiction that could land millions of gun owners in federal prison.

Ali Hemani found this out the hard way when FBI agents discovered a Glock 19 and two ounces of weed in his Texas home. Federal law says any "unlawful" user of controlled substances commits a felony by owning firearms. Doesn't matter what your state says about marijuana.

The legal reality: The 5th Circuit Court of Appeals tossed Hemani's gun charge last year, ruling the Second Amendment protects cannabis users from prosecution "based solely on habitual or occasional drug use."

The court applied the Supreme Court's 2022 historical tradition test from the Bruen decision. Their logic? History supports limiting gun rights for someone actively intoxicated, but not "disarming a sober person based solely on past substance usage."

This ruling currently protects gun owners in Texas, Louisiana, and Mississippi. Everywhere else? You're still rolling the dice.

Between the lines: Both Trump and Biden administrations oppose this reasoning—strange bedfellows when it comes to disarming Americans. Current Solicitor General D. John Sauer argues all "unlawful" drug users pose enough danger to justify taking their guns.

Sauer compares cannabis users to "habitual drunkards" who were historically confined as vagrants. By that logic, we'd ban guns for anyone who drinks alcohol. Good luck with that.

The 19 states backing the federal ban include Illinois and others with legal recreational marijuana. They claim the 5th Circuit's ruling prevents them from keeping "firearms from coming into the hands of people likely to misuse them."

Think about that—they're calling their own legal customers too dangerous for guns.

What this means for you: If you live in any of the 40 states with legal marijuana and you own firearms, you're technically committing a federal felony every time you use cannabis. State laws don't protect you from federal prosecution.

The contradiction is nuts. States are:

• Licensing dispensaries they regulate and tax
• Collecting revenue from cannabis sales
• Arguing customers are too dangerous for constitutional rights

These same states warn that cannabis users suffer "lasting mental disturbances" or might "interact with violent drug dealers." Apparently they've never been to a modern dispensary—it's more like a pharmacy than a back-alley deal.

The bottom line: The Supreme Court hears arguments March 2nd. A ruling against the 5th Circuit maintains the current mess where millions of Americans remain federal criminals for exercising both state-legal cannabis use and Second Amendment rights.

A ruling supporting the 5th Circuit could end federal prosecutions of sober gun owners nationwide based solely on cannabis use.

What's next: This case highlights the ongoing collision between state drug laws, federal enforcement, and Second Amendment jurisprudence. States that legalized marijuana are essentially admitting their own customers are unfit for constitutional rights—which seems to undermine their entire legalization argument.

For now, gun owners in marijuana-legal states face a choice: exercise your Second Amendment rights or use state-legal cannabis. Federal law says you can't do both, no matter what your state legislature decided.

The Supreme Court's decision will either cement this contradiction or finally resolve it. Given the current court's approach to Second Amendment cases, gun rights advocates have reason for cautious optimism.

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Read the original article in The Handbook | By BGC Staff

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Join the Discussion

How many folks here use cannabis in a legal state—have you actually dealt with the fed form asking about it, or just kind of navigated around that whole situation?