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Trump DOJ Asks Supreme Court For Delayed Schedule In Case On Marijuana Users’ Gun Rights
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5 months agoon
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The Justice Department is asking the US Supreme Court for more time to submit briefs in a case. concerns the constitutionality of the federal ban on gun possession by people who use marijuana and other drugs.
In a Trump administration motion submitted to the court on Thursday, the DOJ said there was mutual agreement between its attorneys and those representing the defendant in the case that the current deadline for filing briefs and reply briefs should be revised due to “press from other cases.”
Currently, the Department of Justice must present its first brief to the court by December 4th, but requests an extension until December 12th. This would extend the defendant’s brief until January 20th.
“If these extensions are granted, the response brief would be February 19, 2026. Both parties agree to this briefing schedule,” U.S. Attorney General D. John Sauer, an appointee of President Donald Trump, said in the motion.
The Trump administration has routinely pursued policies that restrict gun ownership by people who use cannabis, citing state law that “targets a category of people who are at clear risk of firearm misuse” and should be upheld.
After several years of conflicting court rulings on related lawsuits, judges on Monday granted the certificate USA v. to Heman deciding whether the ban — known as Section 922(g)(3) — is consistent with the Second Amendment.
Although the court on Monday declined to take up yet another case on the gun rights of cannabis users, several others are still awaiting the justices’ decision. But the opportunity to take Tabernacle The news will be especially welcome for the Justice Department, which has consistently defended the firearms ban and asked SCOTUS to review the case instead of the alternatives.
This could be related to the fact that the defendant is not only a marijuana user, but also a cocaine user who sold drugs in the past, so the DOJ may have reasoned that he is an unsympathetic face to the problem. In other cases the defendant was found only in possession of a firearm and marijuana.
In June, the attorney general filed a case with the Supreme Court saying that “Section 922(g)(3) violates the Second Amendment” and that the statute “targets a category of people who are clearly at risk of misusing firearms: habitual users of illegal drugs.”
The law “prohibits the possession of firearms only temporarily and leaves it up to them to lift the restriction at any time; anyone who stops using illegal drugs can start owning a firearm,” Sauer said.
Notably, although the government refers to “habitual users” of illegal drugs 40 times, that word itself does not appear in 922(g)(3). The statute’s language prohibits “any person who is an unlawful user or addict of any controlled substance” from purchasing or possessing firearms or ammunition.
In a separate filing for the case in August, the Department of Justice also emphasized that “it is the subject of a submitted question. 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 on Monday denied the writ petition USA v. Cooperpending decisions US v. Daniels and USA v. Sam. The justices had planned to discuss all cases behind closed doors last Friday.
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.
A number of federal courts have questioned the legality of Section 922(g)(3) in recent years, and while the general ban on gun possession among drug users is not entirely objectionable, there is little historical precedent for a broad restriction of Second Amendment rights to an entire category of people.
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, The US Court of Appeals for the Tenth Circuit last month He ruled in favor of 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.
The ruling indicates that such restrictions must be consistent with the historical context of the original 1791 ratification of the Second Amendment.
The historical analogs the Justice Department relied on to ensure the ban’s consistency included references to outdated case law preventing Catholics, Loyalists, slaves, and Indians from owning guns.
The circuit court, for its part, said that “the government must show that non-intoxicated marijuana users pose a future risk of harm” to uphold the current policy. “This inquiry, which may involve fact-finding, is best suited to the district court.”
Meanwhile, in the U.S. 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.
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Earlier this 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 late last year 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 that 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
“There is more to Portugal’s medical cannabis story than recent turbulence”
Published
10 hours agoon
April 3, 2026By
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Germany imported 2025 tons of medical cannabis. Part of that volume came from a Portuguese processor whose license had been revoked, which was unloaded below cost as it was reinstated. The episode sparked attention, and consequences followed. PTMC’s Joao Duarte believes that most of these conclusions are wrong. “Eight tons is not even 5% of what Germany consumes per year,” he says. “For that to result in price dumping, the math just doesn’t work.”
Structural price pressure
According to him, the price pressure in Portugal is mainly structural. “The more countries that get into production and start exporting, the lower the prices will be. Today, Colombia is exporting, Costa Rica is exporting, and Brazil, with the scale it can bring to outside cultivation, is not far behind. Canada has been the main volume supplier to markets in Germany, Australia, Israel and the UK due to the strength of low-priced flowers from European producers. Again, and fast.” It draws a direct line with what happened in the CBD market in previous years, when prices were compressed as supply expanded and operators without cost or quality advantages found themselves without a market. Medical flower THC, he says, is following the same logic over a longer timeline.
To lift the burden of this price pressure, the answer obviously lies in the right regulations and policies. These should be based on the principles of providing high quality medicines to patients. To achieve this, the flowers must reach the consumers shortly after they are picked. As simple as it sounds, proximity is Portugal’s real advantage. “The fresher the flower is when it reaches the patient, the better the quality,” he says. “Only proximity gives that.”
© Henner Damke | Dreamstime
A turning point
As for the regulatory issue, Joao points to Portugal’s eight-year history of medical cannabis as a distinguishing feature, following last year’s police raids. Organizations that have long been involved in the licensing and enforcement framework have developed standards and experience in applying them. “Our GMP standards are real,” he says. “They are not a number on a certificate.”
The damage to the reputation of these raids, in his opinion, is exaggerated. “There is always a scandal in the industry,” he said. “That doesn’t necessarily mean it’s over, that a country’s economic sector has been kicked out. Canada, the largest exporter of cannabis, is the clearest example of that. Everyone remembers the CannTrust scandal in 2019, which made international headlines. That didn’t kill the Canadian industry until it became them, the regulatory system moved in their work. It looks like.”
EU-GMP clearance
One important area is EU GMP clearance, the practice of converting imported flowers through a European facility to obtain certification that the original material would not otherwise carry. “We would have more value growing the flowers than doing the conversion,” he says. For Portuguese producers, the practice reduces the premium that EU GMP certification must entail and makes it more difficult to distinguish domestically grown product from processed imports at the point of sale.
To each his own
Joao does not believe that other European countries can take Portugal’s place in the old continent’s cannabis industry. “This is simply because it’s not one thing for a country to be active in one sector and then push out another. It’s an open market, everyone participates at different levels.” As a neighbor, Joao cites Spain as an example. The country currently has less than ten licensed producers and has yet to build the export infrastructure or regulatory track required by the markets. “I don’t see Spain coming and taking over,” he says. “Both Spain and Portugal will take market share. Operators with established contracts will continue to move product. After that, it’s about quality and price.”
Denmark, he says, is an immediate competitive variable, producing significant quantities and moving into European markets with momentum. Portugal is currently among the top three to five exporters to Germany and has established positions in Australia, Israel and the United Kingdom. “This reflects accumulated capacity rather than regulatory time, and it’s not something that goes away because a processor loses its license,” he says.
A common European pricing policy, along the lines of the state-controlled model in France, is a mechanism that the industry should collectively push for. Without this, individual producers are left to absorb the cost pressures of suppliers operating on a scale that European policy has no current framework for. “We should aim to have good flowers,” he says. “We must not aim to demolish Portugal.”
For more information:
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Cannabis News
Hawaii Senators Push Congress To Federally Legalize Marijuana And Clear Past Convictions
Published
10 hours agoon
April 3, 2026By
admin
Hawaii’s senators have passed a pair of resolutions urging Congress to federally legalize marijuana, support the state’s efforts to clean up people’s criminal records and take steps to make it easier for cannabis companies to access banking services.
“Even though states have made significant policy changes regarding cannabis, the federal Controlled Substances Act still classifies cannabis as a Schedule I substance,” the measures advanced Thursday by the Senate Judiciary Committee said in a 5-0 vote, “which means that medicinal cannabis dispensaries and other cannabis-related businesses remain subject to federal charges of forfeiture, arrest, detention and other prosecutions.”
legal the recreational cannabis industry could generate over $1 billion in Hawaii by its fifth year, according to a recent state study, the resolutions indicate.
The state’s current medical marijuana businesses are “hampered by their inability to access the full spectrum of private banking services under federal law,” the measure, sponsored by Sen. Joy San Buenaventura (D), says, adding that “arrests and convictions for possession of cannabis remain on record and often affect a person’s ability to obtain housing and employment.”
(1) remove cannabis from the federal Controlled Substances Act;
(2) Assisting states in the process of clearing the criminal records of cannabis defendants; and
(3) Facilitating access to the full spectrum of banking services for cannabis-related businesses.
The included legislation stated that alcohol and tobacco are not included in the Controlled Substances Act, “even though the regular use of these substances often leads to physical injury, psychological and social harm, the emergence of chronic and fatal diseases, and other negative effects on individuals and public health.”
But the panel removed that language, with Sen. Karl Rhoads (D), the committee’s chairman, saying arguments about other substances are “irrelevant” to marijuana rulings.

If passed by the Legislature, the resolutions will be sent to President Donald Trump and Vice President JD Vance, as well as the Democratic and Republican leaders of the US House of Representatives and Senate, and each member of Hawaii’s congressional delegation.
Earlier this week, the Senate Health and Human Services Committee passed separate resolutions asking the state attorney general and the health department to request a waiver from the Drug Enforcement Administration (DEA). Hawaii is allowed to run its cannabis program without federal interference.
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Even the Hawaii senator recently passed a bill to legalize low-dose, low-potency marijuanathe legislation didn’t progress through the necessary steps before a crucial deadline, so it’s dead for the year.
A separate marijuana legalization bill, SB 2421, that contained provisions under federal reform law or amendments to the state Constitution, was delayed for action. The Senate and House panels also delayed action on a measure to sell certain hemp-derived cannabinoid products.
These actions follow Senior lawmakers in the House indicated that proposals to legalize cannabis would not move forward In the 2026 session, citing the lack of sufficient support in their chamber.
Last month, a Hawaii Senate committee separately approved legislation to allow patients immediately enter medical cannabis after submitting their recordsinstead of waiting for the cards to be delivered, as is the case under current legislation.
Meanwhile, a Hawaii House committee approved the Senate-passed bill last week creating a psychedelic task force responsible for analyzing and making policy recommendations about providing access to breakthrough therapies like psilocybin and MDMA.
Legislation allow eligible patients to access medical marijuana in healthcare facilities this session is also progressing.
The UK cannabis market has grown steadily over the past five years, although not always in the way operators had hoped. New brands and imported products have driven much of the expansion, while domestic cultivation has slowed. Alexander Mountain has seen this from the inside long before most people in the industry knew it existed. “I’ve been waiting for this since 2009,” says the founder of growing consultancy Trichome Solutions.
Regulations, compliance, EU-GMP requirements, all of which have made getting a facility off the ground a multi-year exercise. “I’ve worked with organizations and seen firsthand that it takes three, four, even five years to get going,” says Alexander. “It’s a tough market to break into in the UK, which in itself slows down the overall maturation.” The last six months, however, have brought about a change. “There are now clear goals and programs for business. An almost militant approach to protocols. It’s starting to feel like the rest of the EU and Canada.”
© Trichome Solutions
Capitalization and cultivation
Early investment in cannabis in the UK came largely from private capital, and the gap between capitalization and cultivation know-how cost many operators dearly. Consultants were brought in to design and build the facilities, but rarely stayed to operate them. The result was a facility that had to be rebuilt almost as soon as it opened. “A lot of adjustments, changes in workflows, logistical expansion,” says Alexander. “This, of course, requires more capital. This delays profitability and, in some cases, leads to employee burnout.” The model he believes in is the owner-operator structure that has worked in markets such as the US, Canada and Thailand.
In terms of cultivation, genetic selection and post-harvest are where Alexander gives most of his attention. Seasonal changes in the UK favor indoor parameters where possible, although low-light greenhouses have worked for some operators with adequate supplementary lighting. Getting the right genetics for the specific market drives early success and patient retention. Post-harvest, however, he believes the sector is constantly underestimating. “I focus a lot on preserving the plant material and maintaining its chemical profile, particularly cannabinoids, terpenes and volatile sulfur,” he says. “Even simple things, like having enough space to dry properly, seem like common sense. But unless you’ve actually done it, you don’t always realize how important those details are to the quality of the final product.”
UK cannabis demand
Patient demand in the UK has been shaped by the equity market, and licensed operators are working to close this gap. The dynamics here are different from other markets. In Germany and Canada, THC content drives purchasing decisions. In the UK, Alexander is seeing more focus on taste, aromas and the overall experience. “With the amount of choices coming in through imports, people are finding their own strains and becoming more selective,” he says. Closing this gap, in his opinion, involves the farmers as much as the prescribers. “Patient education and support should come from doctors. Producers should teach them about their products. I think growers should invite prescribers more often.”
Over the next three to five years, Alexander expects reliance on imports to ease as domestic supply chains develop and the market stabilizes. He says that there will be operators who come out from the other side, specialized ones. R&D, heritage genetics, premium indoor and post-harvest optimization. “We are now working in the international cannabis industry,” he says. “With comparisons, going on a flight, there is no room for complacency. The operators who find their niche and really excel in it will be the ones who build a strong identity and remain competitive in the cannabis space.”
For more information:
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