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Supreme Court Rules Cannabis Consumers Have Right to Own Guns

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Supreme Court Rules Cannabis Consumers Have Right to Own Guns

The US Supreme Court ruled unanimously Thursday that cannabis users can legally own firearms under the Second Amendment.

The ruling stems from United States v. Hemani, in which prosecutors pursued criminal charges against Texas man Ali Hemani, who admitted to regularly using cannabis while in possession of a firearm.

In their reasoning, the justices cited a 2022 Supreme Court ruling that requires gun restrictions to be “consistent with this nation’s historic tradition of regulating firearms.”

National Rifle Association (NRA) and National Organization for Reform of Marijuana Laws (NORML) submitted amicus briefs for the case earlier this year.

Joseph A. Bondy, chairman of the board for NORML and the organization’s co-counsel on its amicus brief, called the decision “a measured but important vindication of personal liberty and constitutional principle.”

“The Court accepted what NORML sought: that responsible adults not lose their Second Amendment rights simply because they consume cannabis, absent any individualized showing of dangerousness. Our Constitution protects people, not stereotypes, and does not allow the government to turn cannabis use alone into a categorical mark of civic worthlessness.” – Bondy, in a statement

Based in Portland, Oregon, Graham is the editor-in-chief of Ganjapreneur. He has been writing about the legalization landscape since 2012 and has contributed to Ganjapreneur since our official launch in…

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New York Court Overturns Injunction That Stopped Hemp Shop Raids 

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New York Court Overturns Injunction That Stopped Hemp Shop Raids 

A New York appeals court last week struck down a preliminary injunction that banned raids on unlicensed cannabis stores and licensed hemp sellers across the state. Times Union reports. The Third Appellate Division rejected the stores’ claims that the warrantless searches were unconstitutional.

The lawsuit, filed by several hemp businesses in state Supreme Court in 2024, alleges that the Office of Cannabis Management and the Cannabis Control Board (CCB) violated the rights of store owners by protecting against unreasonable search and seizure. In January 2025, a judge agreed and granted a preliminary injunction to stop the raids.

The appeals court found that Superior Court Judge Thomas Marcelle erred in his decision to grant the order, that state regulators had properly defined how the state would conduct inspections and that regulations required vendors to consent to the inspections. The appeals court said those regulations included certain restrictions — such as conducting searches only during business hours — and that penalties were only administrative in nature, not criminal.

“The Cannabis Act and its implementing regulations, when considered together, adequately define how inspections are conducted. An otherwise lawful administrative search is not held unconstitutional simply because the police participate in the search or because the search reveals evidence of criminal activity.” — Decision of the Third Appellate Division via Times Union

The ruling also noted that the retailers did not exhaust all possible administrative appeals processes before filing suit.

Hemp shop raids began in 2023 after the CCB introduced new restrictions on the hemp products that could be sold in the state, targeting many products that were already available.

TG joined Ganjapreneur in 2014 as a news writer and began hosting the Ganjapreneur podcast in 2016. He is based in upstate New York, where he also teaches media at a local university.

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Virginia Officials Reach Compromise to Launch Legal Cannabis Sales Next July

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Virginia Officials Reach Compromise to Launch Legal Cannabis Sales Next July

Virginia Gov. Abigail Spanberger (D) reached a compromise with state lawmakers to add provisions legalizing the commercial cultivation and sale of adult-use cannabis to the state budget. WTOP reports.

Under the agreement, adult-use sales will begin on July 1, 2027. The industry will initially be taxed at 6%, rising to 8% in 2029, and local governments will be able to levy an additional tax on cannabis of between 1% and 3.5%.

Governor last month vetoed a cannabis sales proposal sent to her desk by lawmakers, despite a campaign promise to support the establishment of legal sales. Spanberger had initially requested changes to the proposal, but lawmakers instead sent their original proposal back for reconsideration, which she rejected.

“In the end, we all wanted to provide a market that the Commonwealth could effectively implement over the long term. We’ve always had the same end goal, an end goal that’s been years in the making.” – Spanberger, at a press conference

The vetoed legislation would have launched the adult-use market on Jan. 1, 2027, but lawmakers settled on the governor’s delayed start date. The agreement includes a total of 350 cannabis business licenses, although the governor’s proposal had reduced the number of licenses to 200.

The sales agreement also creates a new $250 fine for public consumption of cannabis, although the governor had proposed making the offense a Class 4 misdemeanor, the report said.

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Massachusetts High Court Allows Ballot Measure to End Adult-Use Cannabis Sales to Proceed

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Massachusetts High Court Allows Ballot Measure to End Adult-Use Cannabis Sales to Proceed

The Massachusetts Supreme Judicial Court ruled last week that the ballot question seeking to overturn the Commonwealth’s 2016 adult cannabis law will be sent to voters. NBC Boston reports. The proposal was opposed by some participants in the state’s social equity program, who argued that Attorney General Andrea Joy Campbell’s summary of the initiative left out key details and that she should not have certified the measure because it contains unrelated policy sections.

Justice Bessie Dewar, writing for the court, rejected the plaintiff’s arguments and ruled that Campbell “did not err in certifying the petition on any of the grounds asserted and that her summary of the petition is fair.”

“The Attorney General argues that the various parts of the petition all relate to the common goal of restricting the use of recreational marijuana through a new, integrated scheme to regulate marijuana. We agree and are not persuaded by plaintiffs’ arguments to the contrary.” – Dewar, on the decision, via NBC Boston

of final summary endorsed by Campbell says:

“The proposed law would change the type and amount of marijuana that can be legally possessed in Massachusetts by repealing laws that legalize, regulate, and tax the retail sale of marijuana for adult recreational use in Massachusetts. The proposed law would also allow persons 21 and older to possess 1 ounce or less of marijuana and no more than 5 grams of marijuana to transfer another gift Person 21 or older 1 ounce or less marijuana, including no more than 5 grams in concentrate form. The proposed law would also impose a $100 civil fine and forfeiture of marijuana for possession of between 1 and 2 grams of marijuana for youths who are 21. less marijuana a civil offense subject to a $100 fine, forfeiture of the marijuana, completion of a drug awareness program, and community service to their parents or legal guardian for the offense and fines The proposed law would allow adult recreational marijuana businesses to currently apply on an expedited medical basis to become their own expedited license The proposed law would retain the Cannabis Control Commission to regulate only the medical marijuana market.

According to a Bay State poll from the University of New Hampshire released in February, a majority – 63% – of Massachusetts residents oppose efforts to end adult sales in the state. The poll found that 20% supported the measure.

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