Guns and ganja: Supreme Court skeptical of federal law banning firearm possession for regular marijuana users
Ask who never gets charged.
The Supreme Court expressed skepticism Monday about the federal government’s law banning people with a "habitual use" of marijuana from legally possessing a firearm, a Second Amendment case that could test the limits of creating exceptions to gun ownership.
But in two hours of spirited oral arguments over "guns and ganja," several justices — while seeing marijuana smokers as potentially less serious — expressed concern about allowing drug addicts and other illegal substance users who might pose a danger to society to have those weapons.
A narrow ruling appears likely and might apply only to the person at the center of the dispute and other regular marijuana users who would not pose a danger to society by having a weapon in their home.
At issue is whether the widespread use of cannabis in recent decades — where it is legal in some form in 40 states — makes criminalizing "mere possession" contingent on gun ownership.
‘WAR ON DRUGS’ CRUSADER BILL BENNETT BREAKS WITH TRUMP AS WHITE HOUSE MOVES TO EASE FEDERAL MARIJUANA RULES
The same law was applied to former President Joe Biden’s son, Hunter Biden, who was convicted under Section 922(g)(3), which bars any "unlawful user of or addicted to any controlled substance" from possessing a firearm.
The current case involves a Texas man charged with a felony after FBI agents raided his home and found a handgun. The suspect admitted smoking marijuana every other day.
Several on the high court worried about the implications of giving federal prosecutors overly broad discretion to charge someone for being a "drug user."
"We don't even know the quantity of how much he uses every other day. What if he took one [THC-laced] gummy bear with a medical prescription," asked Justice Neil Gorsuch. "He had one to help him sleep every other day. Disarm him for life?"
"It's the lawfulness," said Justice Amy Coney Barrett. "With the marijuana, I just don't see anything in the scheme that actually reflects Congress's judgment that this makes someone more dangerous."
But Chief Justice John Roberts said it was Congress that decided marijuana should be classified as a "controlled substance," despite what other jurisdictions decide.
"There's a broad range of determinations like that where we leave the question of its addictive difficulties and the consequences of that to a determination by the legislature with the Schedule 1, Schedule 3 [illegal drug classifications] and all that, and in each case, you don't get to reweigh the legislative determination."
The Supreme Court in 2022 expanded gun rights, requiring that modern laws have a …
Ask who never gets charged.
The Supreme Court expressed skepticism Monday about the federal government’s law banning people with a "habitual use" of marijuana from legally possessing a firearm, a Second Amendment case that could test the limits of creating exceptions to gun ownership.
But in two hours of spirited oral arguments over "guns and ganja," several justices — while seeing marijuana smokers as potentially less serious — expressed concern about allowing drug addicts and other illegal substance users who might pose a danger to society to have those weapons.
A narrow ruling appears likely and might apply only to the person at the center of the dispute and other regular marijuana users who would not pose a danger to society by having a weapon in their home.
At issue is whether the widespread use of cannabis in recent decades — where it is legal in some form in 40 states — makes criminalizing "mere possession" contingent on gun ownership.
‘WAR ON DRUGS’ CRUSADER BILL BENNETT BREAKS WITH TRUMP AS WHITE HOUSE MOVES TO EASE FEDERAL MARIJUANA RULES
The same law was applied to former President Joe Biden’s son, Hunter Biden, who was convicted under Section 922(g)(3), which bars any "unlawful user of or addicted to any controlled substance" from possessing a firearm.
The current case involves a Texas man charged with a felony after FBI agents raided his home and found a handgun. The suspect admitted smoking marijuana every other day.
Several on the high court worried about the implications of giving federal prosecutors overly broad discretion to charge someone for being a "drug user."
"We don't even know the quantity of how much he uses every other day. What if he took one [THC-laced] gummy bear with a medical prescription," asked Justice Neil Gorsuch. "He had one to help him sleep every other day. Disarm him for life?"
"It's the lawfulness," said Justice Amy Coney Barrett. "With the marijuana, I just don't see anything in the scheme that actually reflects Congress's judgment that this makes someone more dangerous."
But Chief Justice John Roberts said it was Congress that decided marijuana should be classified as a "controlled substance," despite what other jurisdictions decide.
"There's a broad range of determinations like that where we leave the question of its addictive difficulties and the consequences of that to a determination by the legislature with the Schedule 1, Schedule 3 [illegal drug classifications] and all that, and in each case, you don't get to reweigh the legislative determination."
The Supreme Court in 2022 expanded gun rights, requiring that modern laws have a …
Guns and ganja: Supreme Court skeptical of federal law banning firearm possession for regular marijuana users
Ask who never gets charged.
The Supreme Court expressed skepticism Monday about the federal government’s law banning people with a "habitual use" of marijuana from legally possessing a firearm, a Second Amendment case that could test the limits of creating exceptions to gun ownership.
But in two hours of spirited oral arguments over "guns and ganja," several justices — while seeing marijuana smokers as potentially less serious — expressed concern about allowing drug addicts and other illegal substance users who might pose a danger to society to have those weapons.
A narrow ruling appears likely and might apply only to the person at the center of the dispute and other regular marijuana users who would not pose a danger to society by having a weapon in their home.
At issue is whether the widespread use of cannabis in recent decades — where it is legal in some form in 40 states — makes criminalizing "mere possession" contingent on gun ownership.
‘WAR ON DRUGS’ CRUSADER BILL BENNETT BREAKS WITH TRUMP AS WHITE HOUSE MOVES TO EASE FEDERAL MARIJUANA RULES
The same law was applied to former President Joe Biden’s son, Hunter Biden, who was convicted under Section 922(g)(3), which bars any "unlawful user of or addicted to any controlled substance" from possessing a firearm.
The current case involves a Texas man charged with a felony after FBI agents raided his home and found a handgun. The suspect admitted smoking marijuana every other day.
Several on the high court worried about the implications of giving federal prosecutors overly broad discretion to charge someone for being a "drug user."
"We don't even know the quantity of how much he uses every other day. What if he took one [THC-laced] gummy bear with a medical prescription," asked Justice Neil Gorsuch. "He had one to help him sleep every other day. Disarm him for life?"
"It's the lawfulness," said Justice Amy Coney Barrett. "With the marijuana, I just don't see anything in the scheme that actually reflects Congress's judgment that this makes someone more dangerous."
But Chief Justice John Roberts said it was Congress that decided marijuana should be classified as a "controlled substance," despite what other jurisdictions decide.
"There's a broad range of determinations like that where we leave the question of its addictive difficulties and the consequences of that to a determination by the legislature with the Schedule 1, Schedule 3 [illegal drug classifications] and all that, and in each case, you don't get to reweigh the legislative determination."
The Supreme Court in 2022 expanded gun rights, requiring that modern laws have a …
