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Trump DOJ Asks Supreme Court For Delayed Schedule In Case On Marijuana Users’ Gun Rights

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3 months ago

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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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It’s Marijuana Time tracking hundreds of cannabis, psychedelic and drug policy bills in state legislatures and Congress this year. Patreon supporters by pledging at least $25/month, you’ll get access to our interactive maps, charts, and audio calendars so you never miss a development.

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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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Vivent Biosignals & Green Laniel join forces to bring plant-driven agriculture to the US

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17 hours ago

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January 17, 2026

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Vivent Biosignals and Green Laniel Consulting have announced a partnership to accelerate plant-driven irrigation and irrigation in key U.S. agricultural markets. Green Laniel Consulting is a US-focused provider of agronomic solutions led by Mauricio Manotas.

By combining Vivent’s ability to decode plant biosignals in real-time using plant biosensors, machine learning and AI with Green Laniel’s deep experience in agronomy, grower operations and US market access, the partnership allows growers to make decisions based on what really matters: how the plant itself is responding.

© Vivent Biosignals

The partnership will cover a variety of crops and production systems, initially plant-driven irrigation and greenhouses for perennial crops, including potatoes, directly guided by plant feedback.

“By combining Vivint’s plant-level intelligence with Green Laniel’s strong presence and agronomic leadership in the US, we are enabling a new generation of plant-driven farming systems. This partnership helps growers improve yields and quality while significantly increasing resource efficiency and sustainability.” says Mauricio Manotas, Green Laniel Consulting.

For more information:
Vivent Biosignals
Tel.: +41 79 5114627
Email: (email protected)
https://vivent-biosignals.com/



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Indiana Lawmakers Approve Bill To Restrict And Regulate Hemp THC Products

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17 hours ago

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January 17, 2026

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“In India, we would like some certainty about these products so that those who manufacture and sell them know what our laws are.”

By Leslie Bonilla Muñiz, Indiana Capital Chronicle

Indiana lawmakers want state legislation to join the recently enacted federal ban on intoxicating and synthetic hemp products to counter the growing delta-8 industry.

Lengthy and complex legislation would also regulate less potent products that pass statutory muster.

But, “there will be no demand” for products below the proposed threshold, said Justin Swanson, representing the Midwest Hemp Council and 3Chi, a THC products retailer.

THC is the active ingredient in marijuana.

Sen. Aaron Freeman, R-Indianapolis, admitted to the committee that he would prefer to “wipe all these things off the planet, period,” but that his proposal is “whatever is possible.”

His Senate Bill 250 would mimic Congress’s shutdown of what Freeman described as the “Farm Bill loophole,” referring to 2018 legislation that defined legal hemp as any part of the plant that contains less than 0.3 percent delta-9 THC by dry weight. That definition allowed products containing delta-8, THCA and other intoxicating cannabinoids to proliferate, including in Indiana.

A federal funding law passed in November specifies that all types of THC count. It also limits THC products to just 0.4 milligrams per container, and completely bans those made in labs.

“I think (that’s) what the federal government wanted when they passed the Farm Bill in 2018; I think that’s what everybody had in mind when they copied that language here in Indiana,” said Chris Daniels, chief traffic safety resource attorney for the Indiana Prosecuting Attorneys Council. “The target was very low potency THC.”

An industry group supported the changes.

“It is imperative that Indiana act to align with federal policy in the 2026 legislative session,” said Cory Harris, representative of the American Cannabis and Hemp Trade Association. “Failure to do so means that Indiana’s policy will be stricter than federal law, making Indiana a legal cannabis market.”

The federal provisions will go into effect in November. Freeman’s bill repeats those provisions, but puts them into effect four months earlier, in July.

“It’s sweet that Indiana codified a federal law that will decimate an entire industry in the state,” Swanson said. “The landscape is still unsettled.”

U.S. Rep. Jim Baird — a Republican representing Indiana — introduced a proposal to push the effective date of the federal ban to 2028. President Donald Trump also signed an executive order to expedite the reclassification of marijuana as a less dangerous and less restricted drug.

Swanson said his clients support a “responsible regulatory framework,” and told lawmakers that “the status quo is not acceptable to anyone.”

Freeman’s invoice spends dozens of pages specifically regulating low-THC “hemp-derived cannabinoid products” that would be legalized, primarily with a long-standing 21-and-over requirement.

It also puts the Indiana Alcohol and Tobacco Commission in charge of regulating the rest of the industry, establishing four types of licenses for manufacturers, distributors, retailers and carriers. They would be prohibited from advertising within 1,000 feet of schools, playgrounds and others, with retailers prohibited from operating within the same radius.

Retailers would not be able to deliver products or allow customers to consume them on the spot. Selling the products online would also be illegal, another sticking point for advocates.

Dave Colt, CEO and co-founder of Sun King Brewery, said his homegrown company spent months and more than $100,000 on equipment, research and development for its THC seltzer. Amid declining alcohol sales nationwide, seltzers have allowed Sun King to retain its employees and even grow.

“We also make products for at least a dozen Hoosier small businesses. Without that additional revenue, we would be forced to lay off people and reduce our business significantly,” Colt stated. “We believe the industry wants clear regulations to meet consumer demand.”

Other provisions relate to packaging, labeling and testing.

A fiscal impact study by the nonpartisan Service Agency estimated a financial impact of half a billion dollars annually for ATC to administer and enforce the proposal. The agency will have to hire at least one excise officer in each of the six districts plus Marion County to investigate complaints related to the new regulatory framework.

There will be additional costs for law enforcement training, procurement and online databases, the analysis noted.

The costs could be offset by the permit and other fees collected. The measure would allocate 70 percent of the proceeds to ATC administrative efforts, 20 percent to enforcement, 5 percent to the state’s 988 suicide and crisis hotline and 5 percent to the general fund.

If all tobacco sales certificate holders applied for a retail permit, for example, their application fees would generate $2.1 million. If all are approved, the state would earn an additional $4.6 million, according to LSA’s analysis.

The state seed commissioner would handle licensing for hemp growers and handlers.

Freeman also included a sentence that prevents the Indiana code from immediately reflecting the federal reclassification of marijuana, if that goes forward.

“This bill simply says that we’re not going to automatically follow what the federal government does, that we, the 150 of us, would make that decision, not the federal government for us,” Freeman told his colleagues.

The Senate Commerce and Technology committee also approved an amendment to eliminate an excise tax, as all revenue-raising provisions must be initiated in the House.

The revised legislation passed on a 7-2 party line vote, but the next bill must pass through the Senate Appropriations Committee before going to the House floor.

Previous efforts to ban and regulate intoxicating hemp products have failed.

Asked about his chances this year, Senate Republican Leader Rodric Bray told reporters, “I don’t have that crystal ball,” but added, “I think the bill is in pretty good shape right now.”

“I think in Indiana, we would like some certainty about these products, so that those who manufacture and sell them know what our laws are,” he continued, “and, most importantly, to build in some really meaningful protections for our young people across the state.”

This story was first published by the Indiana Capital Chronicle.

Brendan Cleak’s photo.

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.

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Creating a thoughtful cannabis environment for Colorado Springs

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2 days ago

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January 16, 2026

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In Colorado Springs, where the landscape of legal cannabis is centered around medical use, BioMeds Weed Dispensary Colorado Springs has become a destination for patients seeking high-quality cannabis products and a fair and respectful retail experience. Located at 2301 Rand Avenue, BioMeds has developed a reputation for prioritizing product integrity, patient education and consistent service in response to the brightest trends found in recreationally oriented markets.

Unlike recreational dispensaries, where the volume and variety can sometimes overwhelm, BioMeds takes a deliberate approach. The dispensary offers a good selection of medical cannabis products, including a variety of delivery formats to suit your health needs. These typically include flower strains, tinctures, capsules, topicals, and ingestibles, allowing patients to explore therapeutic cannabis without relying on inhaled methods.

BioMeds understands that patients arrive with different experiences, preferences and conditions. To meet these needs, the dispensary emphasizes informed, non-judgmental customer service based on product knowledge. The staff is trained to explain how different formats work, as well as interpret cannabinoid ratios, identify common terpenes, and select products that match specific wellness goals.

© BioMeds Weed Dispensary Colorado Springs

BioMeds’ product selection is part of the reason patients turn to cannabis. For many, whole flower remains a must-have choice, especially strains that emphasize CBD content, balanced proportions or effect-specific terpene profiles. BioMeds often sells indica, sativa, and hybrids with specific labeling, allowing patients to make informed decisions about onset time, duration, and expected outcome. Beyond flower, tinctures and capsules offer discreet, dose-controlled ways to incorporate cannabis into your daily wellness routine, especially for those managing pain, inflammation, or neurological conditions.

Topicals are also a key part of BioMeds’ offering. These include cannabinoid-infused creams, salves, and lotions intended for topical use. Patients dealing with joint discomfort, muscle tension, or skin conditions often turn to topical products for their non-toxic effects and targeted relief. These products also serve as an entry point for patients exploring cannabis for the first time, especially when faced with systemic or psychoactive effects.

Another category that sees sustained interest in BioMeds is ingestion. These may include low-dose edibles, oils, or beverages tailored to patients seeking long-lasting, absorbed beverages. While recreational edibles in Colorado may gravitate toward high-THC formats, medically focused dispensaries like BioMeds ensure that low-dose, balanced-ratio, CBD-rich formats are available and clearly labeled. Many patients prefer longer-lasting edible formats, especially for managing symptoms at night or for relief throughout the day.

Compliance is a pillar of BioMeds’ operating philosophy. As a medical-only dispensary, the group complies with all Colorado Department of Public Health and Environment (CDPHE) guidelines. Patients must present a valid marijuana card, and all transactions are recorded and monitored according to state protocols. BioMeds does not allow recreational sales and maintains internal training programs to keep employees up-to-date on evolving regulations, labeling requirements and patient protection.

While the dispensary may not offer flashy promotions or themed events often seen in the recreational market, it has placed a special emphasis on medical integrity and personalized service in the Colorado Springs cannabis landscape. For patients who prioritize results over hype, BioMeds offers a consistent experience with proven products and a team that truly understands the nuances of using medical cannabis.

Behind the scenes, BioMeds maintains strong supplier relationships to ensure product availability and freshness. Inventory is regularly reviewed and rotated, and the team communicates directly with manufacturers to maintain transparency around sourcing, testing and packaging. The dispensary favors small and medium-sized Colorado growers who focus on consistency and compliance, with many products undergoing third-party lab testing for cannabinoid content, residual solvents and microbial contamination.

For more information:
BioMeds Weed Dispensary Colorado Springs
biomedsofcolorado.com/

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