Cannabis News

U.S. Supreme Court Schedules Hearing In Case On Marijuana Consumers’ Gun Rights

Published

4 months ago

January 3, 2026

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The U.S. Supreme Court has scheduled oral arguments in a case challenging the constitutionality of a federal law barring people from buying or possessing firearms.

About two months after agreeing to take the case, the justices on Friday set a March 2 date to hear opposing arguments from the Justice Department, which has consistently defended the gun ban for cannabis users, and Ali Danial Hemani’s attorneys after the ban was sued.

Attorneys general from 19 states and Washington DC recently filed briefs for the federal government in the case, USA v. to Hemanarguing that judges should retain the current statute known as 18 USC § 922(g)(3)..

That law has been challenged in many federal courts in recent years, but the Supreme Court has upheld it TabernacleA lower court ruled that a federal ban on gun ownership by people who use cannabis violates the Second Amendment to the US Constitution.

Many others short ones they were also presented last month for the file, which was certified in October. Gun control groups including Everytown for Gun Safety, Second Amendment Law Scholars, Brady Center to Prevent Gun Violence, Giffords Law Center to Prevent Gun Violence and Global Action on Gun Violence have told the Supreme Court to overturn the ruling in the case, for example. A coalition of history and law professors also submitted a brief.

Also last month, Smart Approaches to Marijuana (SAM) and 21 other anti-marijuana groups filed a brief, asking the judges. upholding the constitutionality of the federal gun ban for people who use cannabis-they say it is linked to violence and psychosis.

US Attorney General D. John Sauer, for his part, told the Supreme Court that people who use illegal drugs are “at greater risk” than people who drink alcohol.

The scheduling of the arguments in the case comes after President Donald Trump signed an executive order to US Attorney General Pam Bondi, removing marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). It’s unclear how much the modest policy change would affect the number of hanging gun cases.

Meanwhile, the Biden administration was concerned about legal liability for people convicted of violating gun laws in federal cases by being a cannabis user in possession of a firearm. Documents recently obtained by Marijuana Moment show.

Former President Joe Biden’s previously unreleased 2024 Justice Department guidelines generally warned US attorneys to exercise discretion in prosecuting federal cannabis casesespecially for crimes that were eligible for pardons during his tenure. But one section seems particularly important as the Supreme Court takes up a case challenging the constitutionality of the current federal gun statute.

in relation to TabernacleIn a separate August filing of the case, the Department of Justice also emphasized that “it is the subject of a question presented. multi-sided and growing circuit conflict.” In seeking the judge’s certification, the attorney general also noted that the defendant is a joint American-Pakistani with ties to Iranian entities hostile to the United States, putting him on the FBI’s radar.

Now that the Supreme Court has agreed to take it TabernacleIf the justices declare 922(g)(3) constitutional, that ruling could mean a win for the government in the remaining cases. The High Court recently denied a petition for certification USA v. Cooperpending decisions US v. Daniels and USA v. Sam.

Court also recently He denied a request to certify in another gun and marijuana case, USA v. Baxter, but that wasn’t particularly surprising since both the DOJ and the defendants had advised against pursuing the matter further after a lower court reinstated his conviction for being an unlawful user of a controlled substance in possession of a firearm.

Meanwhile, in recent interviews with Marihuana Moment, several Republican senators shared their views federal ban on possession of firearms by marijuana users—Arguing that alcoholics can legally purchase and use firearms, the same standard should be applied to cannabis users.

Separately, US Court of Appeals for the Tenth Circuit last year he sided with a federal district court that dismissed an indictment against Jared Michael Harrison, who was indicted in Oklahoma in 2022 after police found cannabis and a gun in his vehicle during a traffic stop.

Now the case has been taken to that lower court, which has determined that the current statute prohibiting “illegal” marijuana users from possessing firearms violates the Second Amendment to the Constitution.

The lower court relied heavily on its initial decision Interpretation of a judgment of the Supreme Court where courts generally created a higher standard for policies seeking to impose restrictions on gun rights.

In the United States Court of Appeals for the Eleventh Circuit, judges recently ruled in favor of medical cannabis patients who wish to exercise their Second Amendment rights to own firearms.

as a A recent report by the Congressional Research Service (CRS) outlined the current legal landscapeA growing number of federal courts are “finding constitutional problems in applying at least some portions” of the firearms ban.

In a recent ruling, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit vacated defendant’s conviction and remanded the case to the district courtnoting that a retrial before a jury may be necessary to determine whether cannabis made the defendant dangerous or posed a credible threat to others.

The The Third Circuit separately held in a published opinion that district courts must make “individualized judgments” to determine whether 922(g)(3) is constitutional. as applied to private defendants.

A federal court in October agreed to delay proceedings in a Florida-based case challenging the constitutionality of the ban on gun ownership by people who use medical marijuanaArguing the recent decision of the Supreme Court by the Department of Justice Tabernacle it guarantees a stay in the lower court.

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Last year, a federal judge in Rhode Island ruled that the ban was unconstitutional as applied to the two defendantswriting that the government failed to establish a “broad” ban on gun ownership by marijuana users based on historical precedent.

A federal judge in El Paso ruled separately in 2024 that the government is up and running Banning guns from regular marijuana users is unconstitutional in the case of a defendant who previously pleaded guilty. The court allowed the man to withdraw his plea and ordered the charge against him to be dismissed.

The DOJ has asserted it in several federal cases in recent years statute prohibiting cannabis users from owning or possessing firearms it is constitutional because it is consistent with the history of disarming “dangerous” individuals.

In 2023, for example, the Justice Department told the U.S. Court of Appeals for the Third Circuit that historical precedent “comfortably” supports the restriction. Gun-toting cannabis users pose a unique danger to society, the Biden administration says, in part because they are doing so. “unlikely” to store weapons properly.

Meanwhile, some states have passed their own laws that further restrict or try to protect gun rights as they relate to marijuana.

A Pennsylvania lawmaker recently introduced a proposed bill remove state barriers to medical marijuana patients carrying firearms.

Colorado activists also tried to place an initiative on the November ballot that would protect the Second Amendment rights of marijuana users in that state, but The campaign signature collection ultimately fell short.

As 2024 drew to a close, The ATF issued a warning to Kentucky residents that is, if they choose to participate the state’s medical marijuana program to be launched immediatelythey will be prohibited from purchasing or possessing firearms under federal law.

The official said that while people who already own firearms are “not expected” to become sick of the state’s legal cannabis, those who want to “follow federal law and not violate it” must “make the decision to get rid of those firearms.”

Since then, bipartisan lawmakers have been introduced Legislation that would ask Kentucky’s congressional representatives to change federal law to clarify that medical marijuana users can legally own firearms, although no action has since been taken on the bill.

Kentucky Gov. Andy Beshear (D) said in January that he supported the legislature’s effort to ask the state’s congressional delegation. Call for federal reforms to protect the Second Amendment rights of medical marijuana patientsbut the governor added that he would like to see even more significant changes at the federal level.

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Cannabis News

Missouri cannabis growers file class action against Good Day Farm

Published

22 hours ago

April 30, 2026

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CPC of Missouri-Smithville, LLC and GF Saint Mary LLC, licensed cannabis growers and manufacturers in Missouri, filed a lawsuit in the Circuit Court of Jackson County on behalf of independent wholesalers, alleging that Good Day Farm (GDF) and its network of conspiring companies and investors were harmed by an intentional, coordinated and unconstitutional scheme. The complaint alleges that the “GDF Cartel” illegally controls or manages the state’s share of dispensary licenses and uses that market power to manipulate Missouri’s $1.52 billion cannabis market for its own profit.

GDF and its co-conspirators allegedly built the cartel by arranging for third parties to invest in limited liability companies (LLCs) that then acquire additional dispensaries, cultivation and processing facilities, all of which are owned, operated or controlled by GDF. The result: The alleged cartel exercises effective control over at least 61 dispensaries, nearly triple the 22 allowed by the Missouri Constitution, with more than 10% of dispensary licenses “under substantially common control, ownership or management.” With 224 dispensaries currently licensed statewide, the alleged GDF Cartel controls more than one in four dispensary licenses in Missouri. But its influence is even greater, with alleged Cartel dispensaries accounting for more than 40% of wholesale cannabis in the state, giving it significant — and illegal — influence over all independent growers and manufacturers forced to sell through its network.

To avoid the Missouri Constitution’s 10% licensing limit and avoid regulatory oversight, the alleged cartel operates under five different brand names:

Good Day Farm (21 dispensaries),
CODES (20 dispensaries),
Green light (10 dispensaries),
Fresh Karma (6 dispensaries), and
3 Fifteen Primo (4 medications).

But they’re all part of a single, coordinated operation, the complaint says.

Purchase cannabis products from non-Cartel wholesalers at artificially depressed prices;
They supply their 61 dispensaries with the same products—mainly those produced by Cartel growers—significantly excluding products from independent wholesalers;
Force independent drug wholesalers to purchase the Cartel’s finished products as a condition for their wholesale products to be placed on the Cartel’s drug store shelves; and
Boycott non-cartel wholesalers who refuse to agree to anti-cartel demands.

Bob Hoffman, one of the attorneys leading the case, said: “The GDF Cartel is removing competition from the wholesale cannabis market and enriching itself with illegal profits through a counterproductive, clandestine business conspiracy. Missouri growers and manufacturers have been suffering under this scheme for a long time; many of them know something is wrong, but we don’t realize how the cartel has manipulated the market through this manipulation framework. Missourians to approve recreational cannabis in 2022 They voted for a fair and competitive market. Missouri licensed cannabis businesses that have suffered these practices should join us because they may be entitled to substantial damages.”

The complaint alleges the financial toll the Cartel has taken: Since the Cartel began illegal price-fixing, it has used its collective market power to lower wholesale prices by more than 20%, and continues to squeeze wholesalers and threaten the viability of their operations.

The unconstitutional complaint alleges that GDF knew its plan to build cartels could create legal risks for the company under the Constitution’s 10% licensing limit. The complaint quotes from a document provided by GDF to potential investors: “There can be no assurance that the Missouri Department of Cannabis Regulation will not dispute the number of marijuana dispensaries operated or supervised by the operator or its affiliates…”.

This action is brought on behalf of a putative class that includes all licensed independent wholesalers in Missouri that are not members of the alleged GDF Cartel for purposes of injunctive relief. Wholesalers who believe they have been financially harmed by the alleged Cartel’s practices should join the case because they may be entitled to substantial damages. The putative class is represented by the law firms of Feuerstein Kulick LLP and Bryan Cave Leighton Paisner LLP.

Source: Feuerstein Kulick LLP and Bryan Cave Leighton Paisner LLP

Cannabis News

State-Licensed Marijuana Businesses Can Now Apply For Federal Protections Using New DEA Form

Published

22 hours ago

April 30, 2026

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State licensee Medical marijuana companies can apply for federal protections In line with the Trump administration’s cannabis reprogramming process.

The Drug Enforcement Administration’s “Medical Marijuana Dispensary Registry Portal” went live Wednesday morning.

The move comes after the Justice Department announced that last week Marijuana Schedule I through III of the Controlled Substances Act (CSA), in stages.

Pursuant to an order signed by Attorney General Blanche, marijuana products regulated by a state medical cannabis license were immediately moved to Title III.

III. State-licensed medical cannabis dispensaries that wish to take advantage of the new legal protections and tax benefits that come with annexation status must first file an application with the DEA requesting information about their processes for storage, ordering, distribution, inventory, record keeping and other aspects of their business.

For each activity below, indicate whether the company has a standard operating procedure (SOP):

- the order
- receiving
- Inventories
- Marijuana storage
- security
- Distribution (including delivery services)
- to divide
- Destruction/Disposal
- Reporting Theft/Loss
- Due diligence (including provider/patient/professional verification)
- Corresponding Liability
- Record keeping”

The application asks about specific details of security measures such as vaults, safes, secure storage, access controls, alarm systems and on-site security personnel.

Applicants can choose whether to apply for administration of marijuana, marijuana extracts, or naturally derived delta-9 THC.

Currently, with only medical marijuana moving to Schedule III, the application asks potential registrants whether their businesses handle or provide recreational marijuana.

According to last week’s DOJ order, an expedited administrative hearing process will be held beginning June 29 to consider the broader cannabis reorganization.

The DEA application, meanwhile, also asks companies to submit information about their state’s cannabis licenses and to answer questions about their criminal and disciplinary history.

It also asks, “Has anyone involved in the ownership or operation of the business previously manufactured, distributed, and/or provided a controlled substance without a DEA registration authorizing such activity?”

Allegedly every illegal cannabis company operating in the state today has key employees who have done so, medical marijuana was a Schedule I substance whose manufacture, distribution and general distribution was not permitted by the DEA until just a few days ago.

Applicants must also list the suppliers from whom they plan to procure marijuana, and report whether they plan to repackage or relabel cannabis products.

They must also provide lists of people whose business they expect to have “access to controlled substances,” including their dates of birth, social security numbers, and drug-related criminal histories.

“Provide the following for each person you plan to acquire controlled substances:

- The name
- Title(s)
- date of birth
- Social Security number
- DEA registration numbers, if applicable
- State/territory permits to manufacture, distribute, dispense, or otherwise handle controlled substances
- Has this person been subject to one or more federal, state, territorial, or tribal disciplinary actions?
- Has this person been convicted of federal, state, territorial, tribal, or local offenses related to controlled substances?

There is also $794 per year the application fee, currently only payable through PayPal, although DEA ”expects to have additional payment methods in the coming weeks.”

Application fees are non-refundable.

Separately, the DEA has launched a new web page on its website that contains key information about the new federal rescheduling move for cannabis, including copies of Federal Register orders outlining the process for the amendment and the upcoming litigation.

Blanche’s reorganization order last week said that to comply with the international drug control treaty’s “requirement that a government agency act as the exclusive purchaser of cannabis production,” the DOJ is setting in motion a process by which the federal government technically buys from marijuana producers and then sells to them or related entities.

“Registered growers must store the crops in a DEA-accessible facility until that transaction is completed, and each grower’s registration must specify the area in which the grow is allowed,” he said.

“All manufacturers registered under this subsection shall establish a nominal price for the purchase of their marijuana crops. The Administration shall then purchase the entity’s crops at that price and resell the crops to the entity, or a related or supporting entity, at the same price plus the administrative fee calculated in section 1318.06(a)..”

Meanwhile, the US Treasury and Internal Revenue Service (IRS) said they plan to issued new tax guidelines for the marijuana industry after the reorganization announcement.

The reorganization will benefit state-licensed marijuana businesses by allowing them to take federal tax deductions that are currently prohibited under IRS Code Section III, known as Section 280E.

White House Press Secretary Karoline Leavitt said the administration is moving forward with the marijuana overhaul because Cannabis reform is “very popular” with voters and because doing so will help people who need access to the drug for medical purposes.

At the press event held in the Oval Office last week, President Donald Trump spoke about the medical benefits of marijuana.

“A lot of people are facing big problems, and that seems to be the best answer,” he said. “They’re very happy. So the reorganization begins, and that’s a big thing, the reprogramming.”

The president stated that his administration’s rescheduling of cannabis came about after his friend Howard Kessler told him about his use of medical marijuana.

“He had some medical difficulties, and it came about by chance, kind of,” he said. “He had to go through a lot of different medications, and he said this was the one that was so much better than anything else. And so he lived through that. He didn’t benefit from it, because now he lives much better from the perspective.”

“So we hope you don’t have to,” Trump said. “But if you must, I hear it’s the best of all alternatives.”

Separately, the president asked Congress to take action changing the law that threatens to federally recriminalize hemp-derived full-spectrum CBD products later this year

“We need to do this STRAIGHT and FAST, especially for those who have found CBD helping them,” he said in a social media post. “Also, I’m told it will help our BIG FARMERS that we love and will always be around.”

A few days ago, Trump denounced this Federal officials were “slowly” pursuing his cannabis warrant.

Marijuana Moment is made possible with the help of readers. If you rely on our pro-cannabis journalism to stay informed, consider a monthly Patreon pledge.

Cannabis News

Klasmann-Deilmann announces management changes

Published

2 days ago

April 29, 2026

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After fifteen years of successful cooperation, managing director Moritz Böcking and the shareholders of Klasmann-Deilmann GmbH have mutually agreed to part ways. As of May 1, 2026, Moritz Böcking will hand over the position of managing director to Jan Astrup, who served as the company’s CEO in 2021/2022. Jan Astrup and Damian Ikemann will form the Board of Directors of the Klasmann-Deilmann Group from now on.

Klasmann-Deilmann thanks Moritz Böcking for his cooperation and the progress achieved in the transformation of the Klasmann-Deilmann Group. Moritz Böcking expanded Klasmann-Deilmann beyond the growing media business into new areas of commercial horticulture and promoted innovation and digitalization within the company. In addition, its achievements include the expansion of resources derived from renewable raw materials, as well as the acquisition of a subsidiary in Australia and production facilities in France and Canada, which operate in cooperation with external partners. He also significantly advanced Klasmann-Deilmann’s positioning as a global pioneer of sustainable development in the growing media industry, thereby making a decisive contribution to the company’s economic growth.

With Jan Astrup, Klasmann-Deilmann is getting an internationally experienced manager who has proven himself in the company and has extensive experience in raw materials, production, process optimization and technology. With the new CEO, raw materials and technology-driven areas for the substrate industry are now increasingly important at senior management level. Jan Astrup will strengthen the core commercial horticulture business and help develop the company for the future.

For more information:
Klasmann-Deilmann GmbH
(email protected)
www.klasmann-deilmann.com