Let’s face it, the intersection of cannabis and firearms has always been a bit of a legal minefield. But thanks to a recent Supreme Court ruling, that minefield is getting a major overhaul, and Congress is trying to figure out how to navigate the new terrain.
If you missed the news last month, the nine justices unanimously decided that the government’s attempt to criminalize gun possession for cannabis users—under a statute known as 922(g)(3)—was a straight-up unconstitutional violation of the Second Amendment. The court essentially told the government that assuming anyone who regularly uses marijuana is categorically “violent and dangerous” based on their “say-so” isn’t going to fly anymore.
Now, the Congressional Research Service (CRS) has stepped in to lay out the options for lawmakers. The Supreme Court described its ruling in U.S. vs. Hemani as “narrow,” leaving the door wide open for legislative action. The ruling didn’t touch on banning addicts or currently intoxicated folks from possessing guns, nor did it rule out laws targeting specific drugs that pose a “special risk”.
So, what’s a confused Congress to do?
According to the new CRS report, lawmakers basically have two main paths:
Rewrite the Rules: Congress could accept the court’s invitation and amend the law to be way more specific. They could try to target only individuals who genuinely pose a danger to themselves or others due to their drug use or the specific nature of the drug.
Kick the Can Down the Road: Alternatively, lawmakers might decide to just sit back and let the lower courts hash out the remaining questions from the Hemani case. This includes defining what it means to be “addicted to” illegal drugs in a way that respects the Second Amendment. With a bunch of petitions already filed with the Court, Congress might just wait for more legal precedent before making a move.
Meanwhile, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is also doing some soul-searching. They’ve promised that “additional guidance will be provided soon” and have already started making changes to the notorious Form 4473 to acknowledge the Trump administration’s recent moves to reschedule medical marijuana.
The craziest part? The Supreme Court even pointed out that the government’s broad ban on gun rights for cannabis users was totally “at odds with” the Trump administration’s efforts to federally reschedule cannabis. Talk about mixed signals!
It’s a wild time to be a gun-owning cannabis consumer. The laws are shifting faster than you can pack a bowl, and the feds are playing catch-up.
Dabbin-Dad Newsroom
