Monday, October 27th, the Supreme Court agreed to hear a case questioning whether or not a U. S. citizen who consumes marijuana can lawfully own a firearm. This has sparked controversy in many states where it is legal to consume marijuana, along with states where it is legal to consume marijuana substances, such as hemp, cbd, and delta 8 products. The Justice Department, which is for the ban, claims that it is constitutional to ban pot users from owning firearms by citing the Bruen Test. The test requires that any regulations on firearms brought before the Supreme Court be cross referenced and compared to the way the U. S. has historically regulated gun laws. In this specific case, the Justice Department cites laws that banned habitual alcoholics from owning a firearm as an equivalent for marijuana users in general.
A second argument considers the second amendment to only apply to “law-abiding” citizens. The Justice Department claims that, since marijuana is still considered an illegal, controlled substance federally, anyone who consumes marijuana, including those in states where it is legal, are not law-abiding, and therefore, shouldn’t own a firearm. The Justice Department, stating that, pot users can own a firearm once they stop smoking pot.
Arguments from the opposing side will be included in a future newscast. So, should they, or is this unconstitutional? Well, ultimately, it is up to the Supreme Court to decide in 2026.
