The federal government is telling the U.S. Supreme Court that even if marijuana gets downgraded under federal law, people who use it still shouldn’t be allowed to own guns.
In a newly filed brief, the U.S. Department of Justice argued that the long-standing federal ban on firearm possession by “unlawful users” of controlled substances must remain intact — regardless of whether marijuana is moved to a less restrictive category under the Controlled Substances Act.
At the center of the fight is a federal statute that makes it illegal for anyone who uses federally prohibited drugs to possess a firearm. The DOJ says that rule is constitutional and historically grounded, and that Congress has broad authority to disarm groups it believes could pose a safety risk.
The government’s position is clear: even if marijuana is shifted to Schedule III, it would still be federally controlled. That means users would continue to fall under the same firearm restriction. In other words, rescheduling wouldn’t equal “green light” for gun ownership.
The case stems from a legal challenge by a man convicted after authorities found both marijuana and a firearm in his home. He argues that the ban violates the Second Amendment — especially as public opinion and state laws around cannabis continue to evolve.
Advocates for gun rights and cannabis reform say the law unfairly strips constitutional protections from otherwise law-abiding adults, particularly as more states legalize marijuana in some form. They contend that using cannabis shouldn’t automatically classify someone alongside criminals or the mentally unfit when it comes to firearm rights.
Now the Supreme Court will decide whether federal drug policy and gun rights can coexist in a country where marijuana laws are rapidly changing — but federal firearm restrictions remain firmly rooted in the past.
The question before the justices isn’t about whether cannabis is “good” or “bad.” It’s whether the Constitution allows the government to take away a fundamental right based solely on marijuana use — even as that same substance inches closer to mainstream legitimacy.
Dabbin-Dad Newsroom
