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Gun Ban Against Cannabis Consumers Ruled Unconstitutional By Appeals Court

The 5th U.S. Circuit Court of Appeals recently ruled in favor of the plaintiff, Patrick Daniels, a Mississippi man sentenced to 4 years because police officers found firearms and cannabis roaches in his car.

Daniels acknowledged that he occasionally smoked marijuana, but prosecutors and police officers provided no evidence to prove that he was under the influence of cannabis at the time of his arrest.

The court found that the 1968 federal law, which prohibits the sale or possession of firearms to an “unlawful user,” did not apply so broadly as to criminalize all gun owners who had prior marijuana use. This ruling is significant since it represents a milestone in the ongoing debate about how U.S. laws should address legal cannabis users’ right to bear arms.

Advocates for marijuana and gun rights hailed the 5th Circuit Court decision as a step in the right direction. The National Organization for the Reform of Marijuana Laws (NORML) filed an amicus curiae brief in the case, arguing that upholding the 1968 law would be a violation of Second Amendment principles. The ruling is also expected to have broader implications for the federal government’s interpretation of the 1968 law.

Impact of the Ruling

The 5th Circuit Court’s decision provides much-needed clarification on the topic of firearms and intoxicating substances, a subject that has been historically contentious in the U.S. It is especially significant in light of NORML’s involvement in the case, as their amicus brief highlighted crucial points about federal gun policies and drug laws that often overlook cannabis consumers’ rights.

NORML’s Political Director Morgan Fox said: “Federal courts are wisely deciding time and again that the simple use of cannabis should not preclude someone from the legal protections offered to all Americans by the U.S. Constitution. Unfortunately, these rulings are not universally applicable or binding. Either the Supreme Court or Congress need to make this the law of the land before any more responsible cannabis consumers are threatened with lengthy prison terms simply for exercising their constitutional rights.”

The court’s ruling is also in line with other similar decisions that have been issued by lower courts this year. In April, the U.S. District Court for the Western District of Texas also ruled similarly against former marijuana users who had their firearms confiscated by federal authorities due to their prior cannabis use.

The rulings from these lower courts are expected to be considered by the federal government’s interpretation of the 1968 law, which outlaws the possession or sale of firearms to an “unlawful user” and has been commonly used to prohibit cannabis consumers from owning guns. The decisions could also spark further legal action to protect the right of gun owners who have previously used marijuana for recreational or medical purposes.

Future Implications from the Ruling

The rulings from the 5th U.S. Circuit Court of Appeals and other lower courts are expected to have implications on the federal government’s interpretation of the 1968 law, which bans the possession or sale of firearms to an “unlawful user” and has been commonly used to deny firearms rights to cannabis consumers.

The decisions could also lead to further legal action to protect the right of marijuana users who wish to own guns. For example, two recently introduced bills that aim to protect gun owners with prior marijuana use: H.R. 363 – Second Amendment Protection Act and H.R. 2772 – GRAM Act.

The Second Amendment Protection Act seeks to amend the 1968 law by removing cannabis as a disqualifying factor for firearms ownership, while the GRAM Act would require the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to issue guidance on gun regulations for marijuana users. However, both bills are still pending, and it is unclear if they will be passed into law.

It is clear that more legal action and legislative efforts are needed in order to protect the constitutional rights of cannabis users when it comes to gun possession. The 5th Circuit Court’s decision has provided a glimmer of hope for marijuana consumers who wish to own firearms. Still, ultimately it is up to the federal government to enact laws that protect these rights. Until then, the debate will continue as more court decisions and legislative action are taken.

Cannabis consumers need to be aware of their rights and any changes to state or federal laws related to cannabis consumption and gun ownership. The 5th Circuit Court’s decision has demonstrated that the court system can be a powerful ally in protecting constitutional rights, and it is up to all of us to exercise our right to keep and bear arms responsibly.


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