GOP Senators Discuss Federal Ban On Marijuana Users Owning Guns As Supreme Court Considers Taking Up Issue

OG Article By Kyle Jaeger

October 13 2025

GOP Senators Question Federal Ban

Republican senators challenge the federal ban on gun possession for cannabis users.The law, Section 922(g)(3), prohibits cannabis consumers from owning or buying firearms.Some argue it violates Second Amendment rights.

Senator Perspectives

Sen. Thom Tillis (R-NC) compares cannabis to alcohol.If drinkers can own guns, why not cannabis users?Sen. Dan Sullivan (R-AK) is skeptical of the ban.Alaska, with legal cannabis and high gun ownership, highlights the tension.“A constitutional right can’t be trumped by a statute,” Sullivan says.

Contrasting Views

Sen. Ron Johnson (R-WI) opposes cannabis legalization.He links it to traffic safety risks, despite mixed evidence.He stresses firearms shouldn’t be used while intoxicated.

Supreme Court Cases

The Supreme Court is reviewing related cases.The issue: whether cannabis users can own guns, not just handle them while intoxicated.Sen. Cynthia Lummis (R-WY) notes the Justice Department prioritizes a case involving cocaine.Sullivan warns it may not be the ideal test case for cannabis reform.

Legal Challenges

A man prosecuted for lying about cannabis use on a firearms form petitions the Supreme Court.The Justice Department seeks to dismiss some cases, expecting a precedent-setting ruling.The Tenth Circuit ruled the government must prove cannabis users pose a “future danger” to justify the ban.Historical analogies, like bans on Catholics or slaves owning guns, were rejected.

Court Rulings

The Eleventh Circuit supports medical cannabis patients’ gun rights.A Rhode Island judge ruled the ban unconstitutional for two defendants.An El Paso judge dismissed charges against a cannabis user, citing lack of historical precedent.The Eighth Circuit vacated a conviction, suggesting a retrial to assess danger.

Historical Context

Courts require gun restrictions to align with 1791 Second Amendment standards.Historical “drunkenness and lunacy” laws required individualized judgments, not blanket bans.The Third Circuit emphasizes tailored assessments for cannabis users.

Broader Implications

The NRA notes a “confusing regulatory landscape” for gun owners.Trump, at a 2023 NRA conference, suggested “genetically engineered” cannabis may cause mass shootings.Hunter Biden’s 2023 conviction for gun possession while using crack cocaine stirred debate.Two GOP congressmen argue millions of cannabis users own guns and shouldn’t face prosecution.

State-Level Actions

Pennsylvania proposed a bill to allow medical cannabis patients to carry firearms.Colorado activists failed to qualify a ballot initiative to protect cannabis users’ gun rights.Kentucky’s ATF warned medical cannabis patients against owning firearms.Bipartisan Kentucky lawmakers push for federal reform to protect medical cannabis users’ rights.Gov. Andy Beshear (D-KY) supports broader federal changes.