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Attorneys general from 19 states and Washington, D.C., including many with legalized adult-use marijuana, are urging the U.S. Supreme Court to uphold the federal law (18 U.S.C. § 922(g)(3)) that prohibits people who use controlled substances from possessing firearms. In the case U.S. v. Hemani, a lower court ruled that the ban violates the Second Amendment, but the coalition argues that habitual drug use—including marijuana and other substances—poses public safety risks, citing potential psychological disturbances and interactions with the illegal drug trade. They maintain that lawmakers need flexibility to prevent firearms from falling into the hands of individuals who may misuse them.
The Supreme Court’s decision could resolve a growing split among federal courts and set a national precedent. Meanwhile, federal guidance and state laws remain inconsistent, with some states considering reforms to protect medical marijuana patients’ gun rights while the ATF warns residents in new medical cannabis programs that federal law still prohibits firearm possession. The Biden administration has emphasized prosecutorial discretion in cannabis cases, but the issue remains legally unsettled, with potential consequences for both recreational and medical users nationwide. Read the full story.
Referenced article written by Kyle Jaeger. Published on December 23, 2025 by Marijuana Moment.
