Tenth Circuit Court Rules Federal Gun Ban for Marijuana Users Unconstitutional

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September 03 2025

A Tenth Circuit panel just shot down a federal law barring cannabis users from owning firearms, calling it a Second Amendment violation.

In 2022, Jared Harrison got pulled over in Lawton, Oklahoma, for running a red light. Cops said they smelled cannabis, searched his car, and found a revolver, cannabis residue, joints, and THC gummies.

Harrison, a dispensary worker without a medical cannabis card, was charged as an “unlawful user” possessing a firearm.

Harrison fought back, arguing the ban violated his right to bear arms.

A lower court agreed, and the feds appealed. The Tenth Circuit applied the Supreme Court’s Bruen framework to test the law. The government claimed Harrison wasn’t “law-abiding,” so the Second Amendment didn’t apply.

The judges weren’t buying it. They ruled that breaking one law doesn’t strip you of constitutional protections.

They also said the government couldn’t point to historical laws showing cannabis use justifies permanent disarmament.

Even with the Supreme Court’s Rahimi ruling allowing disarming dangerous people, the panel found cannabis use alone doesn’t make someone a threat.

The court upheld the case’s dismissal, halting the ban’s enforcement in its jurisdiction for now. The Justice Department could push for a full court review, appeal to the Supreme Court, or let the ruling stand.