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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.


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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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Third cannabis business approved by Jefferson Town Council

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The Jefferson City Council unanimously approved “Green Leevs” as the city’s first cannabis micro-farm at its May 6 meeting. This is the third cannabis business approved by the municipality in order to bring income to the municipality. Retail dispensaries “Greenlight Apothecary” and “Gas and Grass” were previously approved.

Green Leevs are owned by Bill Comeford, Elliot McClendon and Josh Moskowitz. All three are from the local area, Comeford grew up in Jefferson. In New Jersey, a micro-enterprise is a facility with 2,500 square feet of growing space. A micro-farm relies on the craftsmanship of cannabis rather than mass production.

“We have more control, we have more hands, the smaller grow rooms make it easier to inspect each plant,” Comeford said. “If you’re careful, it makes for a better product at the end of the day.”

Green Leeves understands that there are mixed feelings about the Council’s approval of the cannabis industry and hopes that this will ease over time.

Read more at Press Jefferson










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Virginia Governor Signs Marijuana Resentencing Bill After Lawmakers Rejected Her Amendments

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Virginia’s governor has signed legislation to grant sentence relief to people with past marijuana convictions, even as lawmakers have refused to accept proposed amendments to the legislation that would significantly narrow the scope of reform.

Gov. Abigail Spanberger (D) gave final approval to the bills, Rozia Henson Jr.’s HB 26 (D) and Senate President Pro Tem Louise Lucas’ SB 62 (D), on Thursday.

Separately, lawmakers and advocates are waiting the governor’s action on separate legislation to legalize the sale of recreational marijuana after amendments to his proposal were similarly rejected by the House and Senate last month. The changes suggested in that legislation included delaying the start of sales by six months, increasing taxes and introducing new criminal penalties for cannabis users.

Retrial reform, on the other hand, creates a process by which people incarcerated or on community custody for certain crimes involving the possession, manufacture, sale or distribution of marijuana will consider changing their sentences to receive an automatic trial.

Spanberger sent proposed amendments to lawmakers last month They had to proactively submit requests for assistance to affected people instead of the courts proceeding automatically. The Senate and House of Representatives, however, rejected the proposal, effectively rejecting it and sending the original legislation to Spanberger’s desk.

Henson, the sponsor of the House version of the bill, said it was ready to accept the governor’s changes, even if he is concerned this would mean that some people with cannabis convictions would fall through the cracks because they “didn’t have a lawyer or didn’t know how to ask.”

The whole parliament did not agree with the change, however, and now HB 26 and SB 62 The laws that were originally approved have been implemented.

The relief will apply to people with convictions or convictions for conduct that occurred before July 1, 2021, when a state law that legalized personal possession and home cultivation of marijuana went into effect. State and local corrections officials should identify and notify eligible individuals of their rights to provide notice of relief and then work with courts to automatically schedule hearings.

Henson said last month that the resentencing legislation was “built for people who are still paying the price for something that Virginia has made legal.”

“If the commonwealth were to change the law, it still has the duty to review the consequences of the people punished according to the old one,” he said.

The governor’s office said in a press release when he proposed his amendments that they “clarify that there will be no tolerance for violent crimes in Virginia, from armed robbery to possession of firearms to distribute fentanyl, heroin and other dangerous drugs.”

But Henson said he shares the “governor’s commitment” to making sure violent offenders are not eligible for this relief; and that commitment is reflected in the bill itself, which excluded people convicted of violent acts under Virginia law.

Spanberger’s release last month made no mention of the actual major changes to the bill, which was the removal of automatic leniency provisions for people with cannabis convictions.

The governor’s amendment also proposed removing the deadline for court filings on the retrial.

In the previous session, members of parliament approved similar legislation, but the then government vetoed it. Glenn Young (R).

Separately, Spanberger signed several other reform bills last month, including measures protecting the parental rights of marijuana users and giving patients access to medical cannabis in hospitals.

Cannabis policy reform organizations, on the other hand, sent a letter earlier this month asking the governor to enact the adult-use marijuana sales bill.

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Cannabis operators report mixed results as rescheduling reshapes the financial outlook

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The rescheduling came mid-quarter and rewrote the tax math for each medical sales operator, but the underlying revenue picture remained uneven in early 2026, with acquisitions driven at one end of the scale and continued top-line compression at the other.

Vireo Growth: Back on $106 million deal
Vireo Growth Inc. reported Q1 GAAP revenue of $106.2 million, up 333.5% year-over-year, driven almost entirely by recent acquisitions rather than organic growth. The company completed the Schwazze acquisition in March, adding 45 dispensaries and two manufacturing facilities in Colorado and New Mexico. At the end of the quarter, it closed Eaze and Hawthorne Gardening, FLUENT Corp. announced an acquisition agreement and executed a California dispensary joint venture with Glass House Brands. Treating all acquisitions as closed on January 1, 2025 on a pro forma basis, revenue was $210.2 million and adjusted EBITDA was $42.2 million. The company ended the quarter with $137.8 million in cash.

John Mazarakis, CEO of Vireo, said: “Performance in the first quarter met our expectations and we are excited to welcome Schwazze, Eaze and Hawthorne to Vireo. We are focused on integration and optimization across the platform, while remaining opportunistic regarding growth opportunities associated with further acquisitions.”

Cresco Labs: $151 million, 280E relief and Texas license
Cresco Labs reported Q1 revenue of $151 million, down from $165.8 million in Q1 2025. Adjusted gross margin was 50.7% and adjusted EBITDA margin of $33 million was 21.7%. Cash at the end of the quarter was $67 million against a $310 million secured term loan. The company was conditionally granted a Texas Compassionate Use Program license after the quarter ended and opened two new dispensaries in Ohio.

Management said, “Moving the state’s legal medical cannabis from Schedule I to Schedule III is the most impactful reform this industry has seen, and it validates the work we’ve been executing for years. We’ve built the operational foundation and balance sheet discipline to reap the immediate benefits of rescheduling, and position Cresco to take advantage of the broader path to normalization.”

Jushi Holdings: 4% growth, 460 basis point margin expansion
Jushi Holdings reported first-quarter revenue of $66.4 million, up 4% year-over-year, with gross profit margin up 460 basis points to 45%. Adjusted EBITDA was $11.4 million, up 17.2%. The margin improvement was driven by higher production volumes in Ohio, Massachusetts and Pennsylvania and the performance of grower processors. Jushi brand products accounted for 58% of retail revenue in vertical markets. The company refinanced $132.3 million in debt during the quarter, providing $160 million in new debt through 2029.

Jim Cacioppo, president and CEO, said: “The recent scheduling of state-licensed medical marijuana for Schedule III is an important milestone for the industry, eliminating 280E tax limitations for medical operations and supporting a more favorable long-term operating environment.” Medical sales accounted for about 60% of Jushi’s 2025 revenue, making this material relief.

iAnthus Capital: Revenue falls to $33.5 million
iAnthus Capital reported first-quarter revenue of $33.5 million, down $4.6 million from 2025’s first quarter. Gross margin was 47.5%, up 477 basis points from the 2025 quarter. The company did not provide a management comment in the press release.

Country farms: international export record, fourth consecutive quarter of net income
Village Farms International reported first quarter consolidated net sales of $50.2 million, up 27% year-over-year, with net income of $2.9 million and adjusted EBITDA of $9.9 million, up 118% year-over-year. International export sales increased 171% to a record $14.6 million, driven by demand for EU-GMP compliant products in Germany. Pure Sunfarms had the top Canadian market share in dried flowers for the 15th consecutive month. The company started planting the first half of its Delta 2 greenhouse expansion and expects its Phase II facility in the Netherlands to reach full capacity by the end of 2026, which would quadruple Dutch production.

Michael DeGiglio, President and CEO, said: “Our first quarter results reflect a strong start to the year and continued momentum in our largest markets, with adjusted EBITDA growth of 118% year-over-year, significantly outpacing revenue growth of 27%, driven by our international business and continued leadership in Canada.

Cronos Group: Record revenue, $822 million in cash
Cronos Group reported Q1 net income of $45.2 million, up 40% year-over-year and a record quarter, with net income of $15.7 million and adjusted EBITDA of $5.1 million. Israel led growth PEACE NATURALS grew 53% for ninth consecutive record quarter. In Canada, the Spinach brand took first place in vapes with a 9.8% share of the national market, and maintained its top spot in edibles at 20.8%. The company ended the quarter with $821.9 million in cash and authorized a new $50 million stock repurchase program. The deadline to close the acquisition of CanAdelaar, one of the ten licensed growers in the Dutch Controlled Cannabis Supply Chain Experiment, has been extended to September 9, 2026 to allow time for regulatory approvals.

Mike Gorenstein, chairman, president and CEO, said, “Cronos achieved net earnings and gross profit in the first quarter as we continue to execute against our unlimited product strategy and the additional supply from Cronos GrowCo’s expansion fuels the next phase of our growth.”

Org chart: Revenue down 9%, Sanity Group acquisition closes after quarter
Organigram Global reported fiscal second quarter net income of $59.8 million, down 9% year-over-year, with adjusted EBITDA of $0.9 million, down 82%. Lower vape and pre-infusion sales drove the decline, along with a $5.8 billion dent in the U.S. hemp business. The company achieved a record quarterly harvest of over 32,000kg at its Moncton facility, up 56% year-on-year, and launched 10 SKUs in Australia targeting over 4,000 pharmacies. At the end of the quarter, Organigram acquired Sanity Group, one of Germany’s leading cannabis companies, and updated its 2026 guidance to net revenue of more than $350 million.

James Yamanaka, CEO, said: “Q2 reflected our poor performance in vaporizers and temporary challenges in pre-infusion production, compounded by slower industry growth. We have acted quickly to address these issues, and the operational changes and product improvements we have implemented are already beginning to stabilize performance.”

Greg Guyatt, Chief Financial Officer, said: “The financial impact of the competitive and operational challenges encountered earlier in fiscal 2026 is believed to have materialized in the first half of the year, and we are now beginning to stabilize performance. We expect to resume a trajectory of margin expansion and improved profitability during the second half of the year, supported by positive revenue and international sales growth. The Sanity Group.”

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