SCOTUS Takes Aim at Federal Gun Ban for Pot Users
Supreme Court weighs whether Washington can strip Second Amendment rights from legal marijuana users
Federal law makes it a felony for anyone who uses or is addicted to a controlled substance to own or possess a firearm. That includes marijuana users — even in states like Arizona where cannabis is perfectly legal under state law.
Let that sink in: a law-abiding Arizona citizen can legally buy marijuana at a licensed dispensary on Monday and face federal criminal charges for owning a hunting rifle on Tuesday.
The case before the Court cuts to the heart of what the Second Amendment actually means. After the landmark 2022 Bruen decision forced courts to evaluate gun laws against historical tradition, lower courts have split on whether this federal prohibition survives constitutional scrutiny — and several circuits have already struck it down.
The Supreme Court now has a chance to settle the question nationwide. The historical record is not on the government's side.
The Founders drank heavily and kept their muskets. Zero founding-era precedent exists for stripping citizens of firearms because they consumed a legal substance. The federal government's position is constitutionally bankrupt.
Acting AG Todd Blanche and the Justice Department must now defend a prohibition that punishes people in legal-use states for exercising two legal rights simultaneously. Washington cooked up this legal pretzel — the Court should untangle it decisively.
For Arizona's estimated one million-plus marijuana users, the stakes are enormous. Right now, every one of them who legally owns a firearm is technically a federal criminal the moment they check the wrong box on ATF Form 4473 — or tell the truth and get denied.
The Second Amendment says the right to keep and bear arms shall not be infringed. No asterisk for cannabis consumers.
Arizona gun owners need to watch this case closely. If the Court rules correctly, a massive class of Americans gets their constitutional rights restored. If it rules wrong, Congress must act immediately to dismantle this unconstitutional overreach.
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