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

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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.


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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Village Farms opens Groningen facility to quintuple Dutch cannabis output

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Village Farms opened its new cannabis facility this morning in Groningen, the Netherlands, a building designed from the ground up around the crop, with an aroma system so precisely calibrated, the surrounding businesses could stand next to a tomato grower.

Dutch roots run deeper than the board members’ accents might suggest. The company’s relationship with the Netherlands goes back many years, and the Groningen location is an extension of the work begun in Drachten, where Village Farms began farming last year using practices carried over from its Canadian operations. The new facility is where that learning is applied at scale.

“Nearly four decades ago, we started bringing Dutch technology to North America. We’ve always worked with Dutch partners, and many of our producers and engineers are Dutch or have Dutch heritage. It’s like coming home.”

© Arlette Sijmonsma | MMJDaily.com

Village Farms entered the Dutch market through its majority-owned subsidiary Leli Holland, which holds one of ten licenses granted by the Dutch government to legally produce recreational cannabis and distribute it to participating cafes.

Once fully ramped up, Village Farms anticipates a production capacity of around 10 tonnes in the Netherlands, enough to quintuple its production for the Dutch cannabis trial and position the company for wider access to the European market. Orville Bovenschen, President of Canadian Cannabis and Leli Holland and Mike DeGiglio, CEO and founder, highlighted their confidence in the Dutch market, as well as growing in Europe. “We believe in the power of cannabis.”

© Arlette Sijmonsma | MMJDaily.com

Village Farms started its Dutch farming operations in the nearby town of Drachten last year, using farming practices developed through its Canadian experience to set up the facility. The new Groningen location represents a continuation and improvement of this established direction, with the building completely designed around the cultivation requirements. Special attention was paid to the odor control system, ensuring that nearby businesses could be located next to a tomato plant.

The opening featured an artwork by local artist Ben that reflects the company’s history: strong roots in vegetables and a future in cannabis.

More technical details to follow on Monday!

© Arlette Sijmonsma | MMJDaily.com

© Arlette Sijmonsma | MMJDaily.com

© Arlette Sijmonsma | MMJDaily.com

For more information:
Village Farms International Inc.
Phone: +1 (407) 936-1190
villagefarms.com

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White House Weighs In On Hemp Legislation As GOP Lawmaker Pushes Accelerated THC Product Ban

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White House officials are commenting on pending legislation to create a regulatory framework for hemp amid a flurry of lawmakers’ proposals on the issue, including a new amendment slated for November to speed up the recriminalization of hemp-derived THC products.

On Tuesday, Vince Haley, director of the White House Domestic Policy Council, and James Braid, assistant to the president for legislative affairs, sent suggestions on hemp policy to Rep. Andy Barr (R-KY), who is helping lead efforts to establish regulations for the plant as an alternative to prohibition.

“We appreciate your work to advance policy” in an executive order President Donald Trump signed in December that included provisions to protect Americans’ access to CBD products, the staff wrote in a letter to the congressman.

“We are submitting draft legislation and comments to your account to address the final statutory definition of hemp-derived cannabinoid products to ensure that Americans have access to adequate full-spectrum CBD products while maintaining Congress’ intent to limit the sale of products that pose serious health risks,” White House officials said, according to a social media screencast. “We are open to discussion and further technical assistance.”

An attachment to the administration’s proposed legislative text was not included in the message, and the White House and Barr’s office did not immediately respond to Marihuana Moment’s request for more details.

Barr introduced a hemp amendment to the pending Farm Bill this weekbut later withdrew for reasons he did not announce.

It’s not clear from the text of the letter whether the White House was proactively sending legislative proposals to the lawmaker or whether they were responding to something sent by his office, though two cannabis industry sources suggested to Marihuana Moment that Barr was sending the language to the administration, and then providing technical feedback.

Barr’s now-withdrawn amendment, according to the sponsor’s summary, “changes the definition of hemp to protect the legal hemp market by creating a regulatory framework that protects children, bans synthetics, and ensures that products on the market are of American origin.”

Meanwhile, Rep. Mary Miller (R-IL) also introduced a new Farm Bill amendment to take effect on November 12 that she said “accelerates the implementation of the hemp reduction provisions.”

Instead, under his proposal, the ban would go into effect the day the new Farm Bill takes effect — though it’s unclear when that will be based on current progress in Congress, and the legislation could not be passed until after the current recriminalization date, making the change controversial.

Hemp derivatives containing less than 0.3 percent delta-9 THC by drug weight were made federally legal under the 2018 Farm Bill signed by Trump during his first term. But late last year, the president signed new legislation containing provisions that will redefine hemp so that only products with a total of 0.4 milligrams of THC per container will be legal starting November 12th.

Trump this week It inspired lawmakers in Congress to take action to change the currently planned hemp banand suggested that this threatens to federally recriminalize full-spectrum CBD products.

“I’m calling on Congress to update the Act so Americans can continue to have access to the full-spectrum CBD products they trust and support, while maintaining Congress’ intent to restrict the sale of products that pose health risks,” the president said in a Truth Social message Thursday, the same day his administration announced it is moving forward to re-regulate marijuana.

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

Barr echoed the president’s comments, saying in his message that he is “working in Congress to pass these critical reforms so farmers can have certainty and Americans continue to have access to safe and reliable hemp-derived products.”

An additional Farm Bill amendment by Reps. James Comer (R-KY) and Kelly Morrison (D-MN) would push back the federal recriminalization of THC hemp products for another year.

Amendments to the Farm Bill, known as the Farm, Food and National Security Act of 2026, or HR 7567, will be considered by the Rules Committee next week. That panel will decide whether or not the proposals can receive votes on the House floor.

Rep. Jim Baird (R-IN) had it introduced the hemp ban delay amendment before the House Agriculture Committee when it took up the Farm Bill last month, but the president of that panel determined that the proposal was not in line with the legislation.

The Farm Bill passed by the previous committee includes provisions to help the hemp industry and farmers who grow cannabis for industrial purposes, such as fiber and grain. For example, the legislation would amend statutes related to states and tribes developing regulatory plans for industrial hemp production, including policies on testing, sampling, background checks and record keeping.

Other bipartisan hemp reform bills are pending in Congress.

Last week, for example, it was introduced by Senators Rand Paul (R-KY), Amy Klobuchar (D-MN) and Joni Ernst (R-IA). The Hemp Safety Enforcement Act, which would give states the option of federal recriminalization of THC hemp products. it will be established this year.

Ernst on Wednesday, however, withdrew his name as a sponsor of the legislation. His office did not respond to Marihuana Moment’s request for clarification on the move.


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.


Learn more about our marijuana bill tracking and become a Patreon supporter to gain access

The US Department of Agriculture published this month shows that US farmers grow $3 billion in hemp crops by 2025— 64% increase compared to the previous year.

Meanwhile, this month the Trump administration launched a new initiative Cover up to $500 of hemp-derived products annually for eligible Medicare patients. The program being implemented by the Centers for Medicare and Medicaid Services (CMS) focuses largely on CBD, but also allows a certain amount of THC in products.

Anti-marijuana organizations filed a lawsuit against the Medicare hemp coverage policyand Health and Human Services attorneys. Robert F. Kennedy Jr. and CMS Director Mehmet Oz recently He submitted a letter requesting the filing of the case.

Meanwhile, the White House Management and Budget Office has held a series of meetings a Food and Drug Administration (FDA) CBD product enforcement policy.

The FDA also issued guidance making it clear that it does not intend to interfere Establish a Medicare coverage plan for hemp-derived products.

CMS finalized a rule that will be adopted separately Coverage of certain hemp products, primarily as specialized health-related benefits, through Medicare Advantage the plans

As hemp products become more popular among consumers, some big brands are trying to get in on the action.

The main retailer Target, for example, is expanding its market share of hemp-derived THC beverages. Last year, the company began a pilot program selling cannabis beverages at 10 stores in Minnesota. That apparently went well, and now the company has secured licenses from Minnesota regulators to sell lower-potency edible hemp products — including THC drinks — in 72 stores in the state.

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Australian medicinal cannabis sales fall nearly 30% in second half of 2025

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Australian medicinal cannabis sales fell 28.5% in the second half of 2025 compared to the first half of the year, according to new data released by the Penington Institute in April 2026, marking the first significant drop in sales recorded since the country’s medicinal cannabis framework was introduced in 2016.

Data obtained by the Penington Institute from the Australian Department of Health, Disability and Aging through a freedom of information request shows sales peaked at 3.72 million units in the second half of 2024 and remained at 3.70 million units in the first half of 2025, before falling to 2.65 million units in the second half of the year. The decline followed a period of particularly significant growth in late 2023 and 2024, driven by increasing scrutiny from regulators and medical organizations over prescribing practices.

The Penington Institute attributes the reversal largely to a stepped-up enforcement campaign that has unfolded on multiple regulatory fronts since 2023. The Therapeutic Goods Administration banned the importation, advertising and supply of medicinal cannabis in 2023, and then issued millions of dollars in fines to non-compliant companies. The Australian Health Practitioner Regulation Agency published new clinical guidance for prescribers in July 2025 and, by mid-2025, had taken enforcement action against more than 50 doctors, with further investigations underway. Ahpra also issued explicit warnings warning health officials to prioritize patient well-being over profits.

The enforcement push was in response to documented concerns about high-volume, commercially driven prescriptions, some clinics conducting very brief clinical consultations, illegally advertising the drug to the public, failing to check real-time prescription monitoring systems, and using closed-loop business models in which medical cannabis brand companies also ran clinics prescribing their own products.

A wider TGA review of the patient access framework is ongoing. As of early April 2026, no reform recommendations have been announced. The Penington Institute’s report warns against major restrictions on patient access, the therapeutic benefits the drug provides to a large number of Australian patients, the lack of clear evidence linking medicinal cannabis to significant public health harm, and the presence of a robust illicit market that would absorb patients who would not be able to access legal avenues if access were restricted.

The report also points to product compliance testing as an area where existing standards are not applied consistently. Australian quality standards cover all medicinal cannabis products, but the TGA does not check compliance before the products reach patients, only conducting limited post-market risk-based testing, the results of which are not published. The issue is particularly relevant given that almost two-thirds of the flower volume sold in Australia in 2024 was imported, with some countries of origin maintaining lower regulatory standards than Australia. In April 2024, the TGA confirmed that it had not carried out tests on imported products in the previous 12 months.

The full Pennington Institute report, Medicinal Cannabis Sales and Regulatory Enforcement, can be seen here

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