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U.S. Supreme Court Schedules Hearing In Case On Marijuana Consumers’ Gun Rights

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The U.S. Supreme Court has scheduled oral arguments in a case challenging the constitutionality of a federal law barring people from buying or possessing firearms.

About two months after agreeing to take the case, the justices on Friday set a March 2 date to hear opposing arguments from the Justice Department, which has consistently defended the gun ban for cannabis users, and Ali Danial Hemani’s attorneys after the ban was sued.

Attorneys general from 19 states and Washington DC recently filed briefs for the federal government in the case, USA v. to Hemanarguing that judges should retain the current statute known as 18 USC § 922(g)(3)..

That law has been challenged in many federal courts in recent years, but the Supreme Court has upheld it TabernacleA lower court ruled that a federal ban on gun ownership by people who use cannabis violates the Second Amendment to the US Constitution.

Many others short ones they were also presented last month for the file, which was certified in October. Gun control groups including Everytown for Gun Safety, Second Amendment Law Scholars, Brady Center to Prevent Gun Violence, Giffords Law Center to Prevent Gun Violence and Global Action on Gun Violence have told the Supreme Court to overturn the ruling in the case, for example. A coalition of history and law professors also submitted a brief.

Also last month, Smart Approaches to Marijuana (SAM) and 21 other anti-marijuana groups filed a brief, asking the judges. upholding the constitutionality of the federal gun ban for people who use cannabis-they say it is linked to violence and psychosis.

US Attorney General D. John Sauer, for his part, told the Supreme Court that people who use illegal drugs are “at greater risk” than people who drink alcohol.

The scheduling of the arguments in the case comes after President Donald Trump signed an executive order to US Attorney General Pam Bondi, removing marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). It’s unclear how much the modest policy change would affect the number of hanging gun cases.

Meanwhile, the Biden administration was concerned about legal liability for people convicted of violating gun laws in federal cases by being a cannabis user in possession of a firearm. Documents recently obtained by Marijuana Moment show.

Former President Joe Biden’s previously unreleased 2024 Justice Department guidelines generally warned US attorneys to exercise discretion in prosecuting federal cannabis casesespecially for crimes that were eligible for pardons during his tenure. But one section seems particularly important as the Supreme Court takes up a case challenging the constitutionality of the current federal gun statute.

in relation to TabernacleIn a separate August filing of the case, the Department of Justice also emphasized that “it is the subject of a question presented. 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 recently denied a petition for certification USA v. Cooperpending decisions US v. Daniels and USA v. Sam.

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.

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, US Court of Appeals for the Tenth Circuit last year he sided with 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.

In the United States 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.

A federal court in October agreed to delay proceedings in a Florida-based case challenging the constitutionality of the ban on gun ownership by people who use medical marijuanaArguing the recent decision of the Supreme Court by the Department of Justice Tabernacle it guarantees a stay in the lower court.


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Last 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 in 2024 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 the 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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Data collection as an operational tool in commercial cannabis cultivation

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At the latest edition of Indoor Ag-Con, Jeremy Shechter focused his presentation on how data collection should work as an operational tool in commercial cannabis cultivation.

Jeremy, founder of Open Source Horticulture, opened by challenging a common assumption within the cultivation community. “We’re not as good as we think we are,” he said, pointing to the gap between perceived performance and what can actually be demonstrated. Without data, he argued, operators tend to rely on preconceptions rather than evidence.

Genetics, Jeremy explains, cannot be evaluated in isolation. “Genetics don’t just happen in a vacuum,” he said. In other words, data collection becomes the only reliable way to understand how genetics behaves in different rooms, facilities and operating conditions.

Profit figures alone, he adds, rarely tell the whole story. Teams may be able to articulate a number, but struggle to explain how that result was achieved. “Show me the dashboard,” Jeremy said, describing situations where performance claims fall apart because historical data is not available or cannot be accessed. In those cases, memory fills the void, even though, as he said, “our memory is very bad.”

© Eelkje Pulley | MMJDaily.com

The importance of setting goals
Jeremy envisioned data as a mechanism that allows teams to move toward defined goals. “One of the most important drivers for people is moving toward a goal,” he said, and progress is only seen when it’s measured consistently. Without solid data, goals remain abstract.

A recurring point in the presentation was the need for moderation. To illustrate this, he quoted Leonardo Da Vinci: “Simplicity is the ultimate sophistication,” Jeremy said, describing the tendency to overcomplicate data systems. He argued that not all data is worth collecting, and that excessive measurement often creates noise rather than insight.

Deciding what data matters, Jeremy insists, should not be left to chance. “Data is not created equal,” he said, “teams can easily spend time collecting information that doesn’t impact results. KPI selection should be driven by leadership and tied directly to business performance, then clearly communicated to crop managers.”

Entrepreneurship then becomes the key. “If a data point doesn’t inform a decision, it shouldn’t be treated with the same rigor.” Jeremy used room pressure as an example, explaining that while deviations from a set point can indicate a problem, they don’t necessarily correspond to long-term performance tracking. In other words, trends are more important than isolated readings.

Data collection systems
Jeremy also discussed the structure of effective data collection systems. “It has to be top to bottom,” he said, describing the need to follow every step of the process from cultivation to packaging. “Those systems have to be custom built for each facility.” He again emphasized the importance of keeping it simple and easy. “If you want to keep doing something, keep calm,” Jeremy said. Adding steps to any process increases friction and reduces compliance, whether in cultivation or data entry.

Paper-based workflows were highlighted as a persistent problem. Jeremy described the operations involved in entering data and then transferring it to a computer, a process he noted is inefficient and error-prone. Fully digitized systems, using tablets or mobile devices, were presented as a basic requirement for reliable data access.

Towards the end of the session, Jeremy touched on how data influences decisions beyond crop metrics. He noted that some cultivars can produce high yields but perform poorly after drying, becoming brittle or difficult to handle. Without tracking these results, operators run the risk of optimizing for numbers that don’t translate into finished product performance.

For more information:
Indoor Ag-Con
www.indoor.ag

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Michigan’s Marijuana Tax Experiment Should Be An Urgent Warning To Other States (Op-Ed)

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“Other states should also learn from Michigan’s experience, rather than repeating the same economic mistake when faced with a budget deficit.”

By Hirsh Jain, Verdant Strategies

In an effort to raise short-term revenue, Michigan recently adopted a cannabis tax structure that is already proving economically counterproductive and strategically short-sighted.

For many years, Michigan was one of the most successful legal cannabis markets in the United States. The explanation was simple. Michigan, understandably, adopted one of the lowest cannabis tax rates in the country.

The state imposed a 10 percent excise tax on adult use, shared between state and local governments, plus a standard 6 percent sales tax, for a total effective rate of 16 percent. By comparison, California’s cannabis tax burden was twice as high, approaching 40 percent in some cities.

The contrast was stark because California and Michigan share deep histories of medical cannabis. California was the first state in the nation to legalize medical cannabis in 1996. Michigan subsequently developed one of the strongest grower-based cannabis markets in the country in the 2000s and 2010s. Both states built strong cultural and political foundations around the idea that cannabis is medicine.

When it came to legalizing adult use, however, the two states went in different directions.

Michigan largely believed that cannabis should be treated as a medicine rather than a vice. He adopted a moderate tax structure that kept legal prices competitive. California, in contrast, imposed heavy taxes and regulatory costs that treated cannabis as a luxury or vice product rather than a therapeutic good.

Predictable results followed.

Michigan’s relatively modest taxes drove consumers out of the illegal market and into licensed stores. Legal sales rose quickly, reaching about $3.3 billion annually in a state of just 10 million people.

California’s market has hovered around $4 billion in recent years, despite nearly quadrupling its population. Per capita, Michigan became one of the strongest adult cannabis markets in America, while California became the weakest, driven by tax policies.

In July 2025, industry analytics firm Headset stated: “What’s so surprising about Michigan’s pace of sales is California’s population difference. With a population of 10 million, Michigan is on the verge of usurping America’s largest state, California, with a population of nearly 40 million.”

Cannabis became a major driver of employment in Michigan. According to industry recruiting firm Vangst, 47,000 Michiganders were expected to work in the industry in 2024, representing a staggering nearly 1 percent of the statewide workforce.

Even more striking, Crain’s Detroit Business reported that cannabis accounted for a staggering 52 percent of Michigan’s private sector net job growth from 2018 to 2024. At a time when many of Michigan’s traditional manufacturing industries have struggled and wage growth has stalled for many workers, cannabis has been the state’s most consistent source of job growth.

Then the tax structure changed.

From January 1, 2026. Michigan enacted a new 24 percent wholesale cannabis tax. This effectively doubled the tax burden on operators at a critical point in the supply chain. The effects were immediate.

According to New Cannabis Ventures, Michigan’s legal cannabis market generated just $226 million in sales in January 2026, the lowest monthly figure since late 2022. Sales fell a sharp 16 percent from December 2025, the month before the tax took effect, and were 8 percent lower than in January 2025.

The situation may worsen in the coming months. Many Michigan dispensaries stocked inventory at the end of 2025, before the tax went into effect, and are still selling product that was not subject to the new wholesale tax.

And even that temporary solution came with compromises. Retail analytics firm Happy Cabbage noted that high-demand items were often in limited supply by the end of 2025, while low-demand items were readily available. As a result, purchasing decisions increasingly reflected what suppliers had available, rather than what customers would buy.

The full impact of the tax increase will become clearer in the coming months as more inventory from the new taxes hits store shelves and higher costs are passed on to consumers.

But already the influence of the industry has been sobering. In January alone, several large operators in Michigan announced crop closures, retail consolidation and layoffs, citing falling margins after the tax hike.

Higher Love Cannabis announced the layoffs of 61 of its 213 employees, explaining that the cuts were necessary to deal with the new tax. C3 Industries said it would close its Webberville cultivation facility and lay off 62 workers, noting that it had warned lawmakers of this outcome if the wholesale tax were enacted. PinCanna put its operations up for sale, citing the new wholesale tax as the reason. The owner of The Greenhouse announced that 30 percent of Michigan dispensaries could close in the next year due to tax increases.

This tax increase is quickly destabilizing perhaps Michigan’s most dynamic job-creating industry in recent history. An unmistakable reminder that cannabis does not operate in a closed legal market. It competes directly with a resilient illegal market with no excise taxes, no compliance costs and no regulatory burden.

This illegal market has operated for decades and can quickly absorb consumers if the price difference is too great. It is an intellectual fantasy to think that when policymakers raise taxes on cannabis, they are adjusting their revenue projections. In reality, market share and financial resources are being shifted to an unscrupulous and often violent illegal market.

Michigan’s early success showed that moderate taxation can expand the legal market and grow revenue organically. His latest shift suggests that aggressive taxation could quickly reverse that progress.

It is critical that other states take notice of what is happening in Michigan right now. In recent months, states such as Maine, Maryland and Minnesota have also increased tax rates on cannabis, hoping to cover several unrelated revenue gaps. But whether policy makers in these states appreciate it yet, these decisions will reduce legal sales and strengthen illegal operators.

In fact, California learned this lesson in the third quarter of 2025 when it raised its already high cannabis tax from 15 percent to 19 percent. Legal sales fell 5 percent from the previous quarter, falling to the lowest quarterly level in more than five years and prompting the state to quickly overturn and reset the tax rate to 15 percent. Michigan ignored this clear economic lesson.

Beyond its economic consequences, overtaxing cannabis runs counter to the spirit and logic of federal reprogramming. If cannabis is formally recognized at the federal level for medical use under Schedule III, states with a long history of medical cannabis should pause and reconsider whether their tax policies adequately reflect and respect their heritage.

Michigan and California pioneered the legalization of cannabis as medicine, creating the conditions for the dramatic shift in national attitudes reflected in the current rescheduling push. Taxing cannabis at rates that exceed those applied to alcohol and tobacco, products that kill hundreds of thousands of Americans each year, betrays this pioneering medical legacy.

If the lessons of reorganization are taken seriously, both Michigan and California should reexamine their punitive tax structures in light of their history.

And states like Pennsylvania and Virginia, which could vote to create new adult-use markets in 2026, also have a clear chance. They can achieve illusory short-term fiscal gains through higher taxes and risk repeating Michigan’s recent mistakes. Or they can design tax structures that support stable businesses, protect jobs, and align policy with the growing acceptance of cannabis.

Michigan’s tax experiment is unfolding, but early signs are troubling. The state still has time to change course, as California did, albeit modestly.

For the sake of the public, tens of thousands of cannabis workers, and the legal market it built, Michigan lawmakers should roll back this tax increase.

Other states should also learn from Michigan’s experience, rather than repeating the same economic mistake in the face of a budget deficit.

Hirsh Jain is the Director of Market Intelligence Green strategiesfinancial services and solutions company providing tax planning and accounting services to many of the nation’s leading cannabis brands and retailers. He is also the principal of Ananda Strategy, a consulting firm based in Los Angeles.

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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Liquor shops may start selling low-THC drinks

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New York State lawmakers have introduced a bill that would allow liquor stores to sell low-THC cannabis drinks, amid growing interest in cannabis drinks.

Democrat Senator Jeremy Cooney and Assemblyman John Zaccaro have recently introduced additional legislation in the Senate and Assembly to allow licensed liquor and wine stores to sell low-potency cannabis beverages.

The bill would allow retail sales of beverages containing 5 milligrams of THC, produced by New York adult-use cannabis licensees, and direct related tax revenue to the state’s cannabis revenue fund.

The measure would open a new way for liquor stores to sell low-dose cannabis drinks, imposing new taxes and determining how the revenue would be used, and would expand New York’s adult-use market.

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