Marijuana Users ‘Pose A Greater Danger’ Than Alcohol Drinkers, Trump DOJ Tells SCOTUS In Gun Rights Case Filing

OG article by Kyle Jaeger

In a brief filed with the U.S. Supreme Court on Friday, U.S. Solicitor General D. John Sauer, on behalf of the Trump administration's Justice Department, defended the federal gun ban for marijuana users under statute 922(g)(3), asserting it does not infringe on Second Amendment rights. Sauer argued that unlawful drug users, particularly marijuana consumers, present a greater societal danger than alcohol drinkers. Unlike alcohol, which was legal during the nation's founding, marijuana and other Schedule I substances have high abuse potential and no accepted medical safety, justifying their prohibition. The brief references historical "drunkard laws" as precedents for restricting firearm access to those deemed dangerous due to impairment. It highlights how drugs alter physiological functions, cognition, mood, and aggression, increasing risks of firearm misuse, even from brief lapses in judgment. Habitual users may also commit crimes to support their habits, potentially involving guns. The case, U.S. v. Hemani, involves a defendant with alleged ties to hostile entities and comes amid circuit court conflicts over the ban's constitutionality. This filing coincides with speculation that President Trump may soon reschedule marijuana to Schedule III via executive order, possibly as early as Monday or next year. Previously, the Biden-era DOJ advised prosecutorial discretion in cannabis-related gun cases due to litigation risks. The Supreme Court's decision could resolve related cases like U.S. v. Daniels. Lower courts have increasingly found the ban unconstitutional in specific contexts, requiring case-by-case danger assessments. States such as Pennsylvania and Colorado have seen legislative pushes to protect medical marijuana patients' gun rights, with varying success. The DOJ maintains the ban aligns with historical disarming of dangerous individuals and emphasizes safe gun storage concerns for users.