SCOTUS Could Restore Gun Rights to Marijuana Users

At issue is 18 U.S.C. § 922(g)(3), the federal statute that makes it a felony for any "unlawful user" of a controlled substance to possess a firearm. That means any American who uses marijuana — even legally under state law in places like Arizona — can be prosecuted federally just for owning a gun.

Let that sink in. Arizona voters legalized recreational marijuana in 2020. The feds still classify it Schedule I, and the ATF has used that gap to threaten otherwise law-abiding gun owners with up to 10 years in federal prison.

The case challenges whether this blanket prohibition survives the constitutional test laid out in the landmark 2022 Bruen decision, which requires gun restrictions to be rooted in the nation's historical tradition of firearm regulation. There is no Founding-era tradition of disarming people for consuming a plant — none.

Defenders of the ban argue the government has a compelling interest in keeping guns away from people whose judgment may be impaired. That logic would justify disarming anyone who drinks a beer — and no one is floating that trial balloon yet.

For Arizona's estimated 700,000-plus active cannabis users, the stakes are enormous. Many are veterans, seniors, and chronic pain patients who turned to marijuana as a legal alternative to opioids. The federal government is telling them point-blank: choose your medicine or choose your rights.

Acting AG Todd Blanche's Justice Department must stake out a position before the Court rules. Gun owners across the country should watch closely to see whether DOJ defends this unconstitutional overreach or finally lets it die.

The Second Amendment says "the right of the people" — not "the right of people the government approves of." SCOTUS must strike this ban down and restore full constitutional rights to law-abiding Americans the ATF has targeted for years.

Contact your representatives and demand they support legislation to remove marijuana from Schedule I. No American should have to choose between their health and their constitutional rights.