SCOTUS Takes Aim at Federal Law Disarming Pot Users

At stake is 18 U.S.C. § 922(g)(3), a federal statute that makes it a felony for any "unlawful user" of a controlled substance to own or possess a firearm. In Arizona, where both medical and recreational marijuana are legal under state law, hundreds of thousands of gun owners could be living as federal criminals right now without even knowing it.

Let that sink in. An Arizonan who legally buys cannabis at a licensed dispensary on Saturday can face federal prosecution for touching his lawfully owned rifle on Sunday.

This case forces the Court to confront whether Washington bureaucrats can vaporize a constitutional right based on conduct that millions of states have explicitly legalized. Post-*Bruen*, the government must demonstrate that any firearms restriction is rooted in this nation's historical tradition — and there is zero founding-era precedent for disarming people over cannabis.

Acting AG Todd Blanche's Justice Department now faces a choice: keep defending this relic of the failed War on Drugs, or stand down. The Biden-era DOJ prosecuted these cases with enthusiasm. Whether the current DOJ continues fighting to disarm otherwise law-abiding Americans is the immediate question.

Gun rights organizations have hammered this statute for years, calling it an unconstitutional overreach that creates a two-tiered system — one where federal bureaucrats decide which legal state activities cost you your Bill of Rights protections.

The Ninth Circuit, which covers Arizona, has already seen lower courts split on this question. A favorable SCOTUS ruling delivers immediate relief to gun owners across Arizona and the entire country.

If you're an Arizona gun owner who uses legal marijuana, your rights are in limbo right now. Follow this case closely, support Second Amendment legal organizations fighting in court, and tell your elected representatives in Washington exactly where you stand — your constitutional rights don't disappear at a dispensary door.