Federal Ban on Cannabis Users Owning Guns Faces Scrutiny

OG Article By Kyle Jaeger

September 25 2025

Issue

A federal law, Section 922(g)(3), bans cannabis users from owning firearms.Courts disagree on its constitutionality, prompting the Trump DOJ to seek U.S. Supreme Court clarity.

DOJ’s Stance

The Justice Department filed a brief on Monday, noting “significant disagreement” among appeals courts.It urges the Supreme Court to:

• Reject U.S. v. Baxter due to procedural issues.

• Take up U.S. v. Hemani, involving a cannabis and cocaine user.

• Hold other related cases for later action.

Court Conflicts

Seven appeals courts (Third, Fifth, Sixth, Seventh, Eighth, Tenth, Eleventh) issued varied rulings.

• Some uphold the ban, citing historical laws on intoxicated or mentally ill individuals.

• Others, post-NYSRPA v. Bruen (2022), find it unconstitutional in certain cases.The Tenth Circuit recently dismissed an indictment, citing Second Amendment violations.

Historical Context

The 2022 Bruen ruling requires gun restrictions to align with 1791 Second Amendment history.DOJ cites old laws barring Catholics, loyalists, slaves, and Native Americans from gun ownership.Critics argue these analogies are outdated.

Recent Developments

• Tenth Circuit: Remanded a case, requiring proof that non-intoxicated cannabis users are dangerous.

• Eleventh Circuit: Upheld gun rights for medical cannabis patients.

• Eighth Circuit: Vacated a conviction, suggesting jury retrial to assess danger.

• Third Circuit: Requires individualized judgments for the ban’s constitutionality.

Broader Impact

• DOJ claims cannabis users pose public safety risks, citing improper gun storage and crime.

• The NRA notes a “confusing regulatory landscape” affecting law-abiding cannabis users.

• States like Pennsylvania and Kentucky propose laws to protect medical cannabis patients’ gun rights.

Trump’s View

In 2023, Trump linked “genetically engineered” cannabis to mass shootings, calling for FDA investigation.His administration’s approach to these cases remains unclear.

State Actions

• Kentucky’s ATF warned medical cannabis patients against owning firearms.

• Bipartisan Kentucky lawmakers push for federal reform.

• Gov. Andy Beshear supports broader federal cannabis policy changes.

Next Steps

The Supreme Court will discuss related cases on October 10, 2025.A ruling could redefine gun rights for cannabis users nationwide.