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

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5 months ago

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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.

—
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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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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Health Canada opens consultations to deregulate hemp

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6 hours ago

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May 19, 2026

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Health Canada has published a Notice of Intent to “simplify” the Industrial Hemp Regulation to “eliminate or reduce regulatory burden,” which could include removing the licensing requirement for certain industrial hemp activities, and is asking the industry what changes it wants to see before June 30, 2026.

The announcement acknowledges that “industry stakeholders have advocated for a new approach to regulating industrial hemp that treats it as an agricultural product” and that although industrial hemp and cannabis belong to the same plant family, “the productions and products resulting from the cultivation and processing of industrial hemp are completely different and pose very different risks.” CBD is “non-intoxicating,” the release states, and hemp “has less potential for public health harm and misuse and less public safety concerns compared to cannabis due to its extremely low THC levels.”

© Colin Temple | Dreamstime

Under the current framework, industrial hemp is listed in Schedule 1 of the Cannabis Act along with high-THC cannabis, even if it contains 0.3% THC or less by weight in the flower heads and leaves. To cultivate, sell, import or export seeds or grains, clean seeds, process grains or grow hemp, operators need a separate license for each activity, plus a separate permit for each import or export shipment. Anyone licensed to cultivate the seeds must test the flower heads and leaves for THC concentration, and all cultivated varieties must appear on Health Canada’s List of Approved Crops. Imported seeds also require phytosanitary certification according to CFIA frameworks. Mature stems, non-viable seeds and their derivatives are already out of the field, sitting on tab 2.

The review calls for eliminating or reducing licensing requirements, removing the separate layer of import/export permits, cutting reporting obligations, revamping the List of Approved Crops, reducing or eliminating THC testing requirements and potentially changing the 0.3% THC definition itself. That said, Health Canada is clear that some controls are being left out, specifically to “prevent the illegal cultivation and diversion of cannabis disguised as industrial hemp into an illegal market,” and that international reporting obligations remain an “important consideration.” Extracting CBD from flower heads is also out of scope, as this requires a cannabis processing license under the Cannabis Regulations.

A separate cost-benefit questionnaire goes directly to current IHR licensees, and the responses feed into the regulatory Impact Analysis Statement required by Health Canada before any proposed amendment reaches the Canada Gazette.

Source: magazine.gc.ca

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Cannabis Advocacy Groups Push Congress For Legalization And Other Reforms Following Trump’s Rescheduling Move

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6 hours ago

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May 19, 2026

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“Cannabis reform is the hottest topic in American politics, and … Congress is on course to pass a comprehensive legalization bill that targets the release of cannabis prisoners.”

Author: Jack Gorsline, Filter

A national coalition 41 advocacy groups gathered on Capitol Hill for Cannabis Unity WeekA coordinated lobbying blitz pressed a deadlocked Congress to act on federal marijuana deprogramming, criminal law reform, and fair access.

The May 12-14 mobilization brought together unions, veterans, civil liberties advocates, legal experts, industry executives and individuals directly affected by three main demands: federal cannabis legalization, the release of federal cannabis prisoners, and the expungement of civil rights restoration records. The coalition spent three days navigating the halls of both houses of Congress to introduce a comprehensive package of 13 hemp and cannabis reform bills.

The legislative push comes at a critical time. The vast majority of states have legalized medical or adult use of cannabis in some form, and although the Trump administration rescheduled state legal medical marijuana last month, federal law otherwise continues to classify the plant as a Schedule I controlled substance, creating a legal and economic paradox that advocates say can no longer be ignored.

The coalition’s main thrust is the Marijuana Opportunity Reinvestment and Elimination (MORE) Act, introduced as HR 5068. If passed, the MORE Act would completely remove cannabis from the Controlled Substances Act, ending nearly a century of federal prohibition.

The bill’s provisions go beyond simple deprogramming. It aims to eliminate all federal penalties for marijuana activity, establish clear pathways to expungement and reentry, and create community reinvestment with federal cannabis tax revenue. The bill also includes equity measures designed to lower barriers to entry for small and independent businesses trying to navigate the highly capitalized legal market.

“Cannabis reform is a hot topic in American politics, and now that the president has indicated he’s open to reform, it’s up to Congress to pass a comprehensive legislative bill that targets the release of cannabis prisoners who no longer need to be incarcerated,” Jason Ortiz, director of strategic initiatives at the Last Prisoner Project and Co-founder of the Latino Cannabis Alliancehe said The filter.

Ortiz emphasized that the administrative gesture must be supported by specific legislative moves. “The LPP is ready to work with the co-chairs of the Cannabis Caucus and the Cannabis Unity Coalition to pass a comprehensive deprogramming bill like the MORE Act,” he continued, “to finally end the nightmare that has been cannabis prohibition, and create a pathway for all those incarcerated for cannabis offenses to reunify their families and become full members of society.”

A central theme of Unity Week was the disproportionate impact of federal prohibition on minority communities, particularly Latinos. At a May 13 news conference outside the Senate wing of the Capitol, advocates drew a direct line from the anti-immigrant rhetoric of the early 20th century to today’s deportation statistics.

“Buenos dias. My name is Jessica Gonzalez. I’m an Ecuadorian immigrant, attorney, and president of the Latino Cannabis Alliance, a national coalition of Latino advocates, lawyers, organizers, researchers, and storytellers fighting to move our communities from the margins of cannabis politics to the center,” Gonzalez told reporters and lawmakers. “We’re Harry Anslinger’s worst nightmare.”

Anslinger, the first commissioner of the Federal Bureau of Narcotics, weaponized prejudice against Latinos and blacks in the 1930s to secure the initial federal crackdown on cannabis. Gonzalez noted that the structural machinery built at that time continues to operate with remarkable efficiency.

“We’re here because Latinos are the largest immigrant group in the country, and the cannabis industry benefits enormously from Latino consumers and workers because they remain silent on the same policies that make participation by non-citizen Latinos dangerous,” Gonzalez said. “That’s a contradiction we’re here to say out loud. And here’s a number we don’t hear often enough: 70 percent. More than 70 percent of people convicted federally of cannabis possession are classified as Hispanic. That’s not a coincidence, it’s the result of a system that has merged cannabis prohibition and immigration enforcement into a deportation pathway and targeted our families.”

For noncitizens, as well as legal residents, federal convictions or possession of cannabis can result in mandatory deportation without judicial discretion. Gonzalez noted that the Latino Cannabis Alliance refuses to let the economic boom of state-sanctioned cannabis eclipse the human cost of federal action.

“But we have never been a town that accepts the conditions given to us,” said Gonzalez. “My family refused when they left everything they knew and built a life in a foreign country. Our communities refused when prohibition tried to turn our families into criminals and our neighborhoods into evidence. And today, the Latino Cannabis Alliance refuses to deport one more family, silence one more worker, or erase one more community from a movement we’ve always been.”

He continued, “decriminalization is the floor, not the ceiling. We will not forget the deportees. We will not forget the detainees. Our work takes borders, but it begins where this system was built. The ban began with a lie about our people. It will end with the truth we made.”

Business leaders also described the injustice and inequality of the current landscape.

“Cannabis Unity Week is not a celebration of victory, it’s a call to action,” said Susie Plascencia, founder of Latinas in Cannabis and representative of the National Hispanic Cannabis Council. “Thousands of people are still incarcerated for cannabis crimes, families are still living with the consequences of prohibition, and Latino communities remain disproportionately harmed and underrepresented in this industry.”

Today, Plascencia noted, multi-state marijuana operators generate billions of dollars in public markets, but minority-owned independent startups face severe capital constraints due to federal bank restrictions.

“Latino entrepreneurs are among the fastest growing in the country, building businesses despite systemic barriers,” he said., “But in cannabis, many still face limited access to capital, restrictive policies and exclusion from ownership. We’re building it anyway, but we don’t have to build it alone. We’re here to demand federal action… Because equity isn’t just about repairing damage, it’s about investing in the future.”

The broader drug policy reform movement also gave the coalition its institutional weight.

“As MAPS celebrates its 40th anniversary, we are proud to join the Cannabis Unity Coalition to advance the movement for compassionate, evidence-based drug policy,” said Gina Vensel, Community Partnerships Manager for the Multidisciplinary Association for Psychedelic Studies (MAPS).

“This milestone is an opportunity to reflect on the progress made in the War on Drugs case while recognizing the crucial work that still lies ahead, especially around restorative justice,” Vensel said. The filter. “Together, we strive to dismantle stigma, educate our communities, and advocate for meaningful reform. The Cannabis Unity Coalition represents the power of collective action to drive lasting, positive change.”

Beyond the comprehensive scope of the MORE Act, advocates spent time on the Hill educating lawmakers on narrower measures designed to solve immediate practical problems.

Among them is the STATES 2.0 Act (HR 2934), a bipartisan bill that would amend federal law to respect state legal cannabis programs while protecting state-regulated businesses from federal interference and asset forfeiture. Advocates also pushed for the PREPARE Act (HR 2935 / S 3576), which would have created a federal commission charged with designing a comprehensive regulatory framework for the post-prohibition transition.

To address the decades-long decline in political motivation for scientific research, the coalition also sponsored the Evidence-Based Drug Policy Act (HR 3082) to remove barriers that prevent the Office of National Drug Control Policy from conducting objective research on the social impacts of cannabis legalization.

The coalition also focused heavily on “clean slate” initiatives, housing stability and agricultural guidelines. Key legislation in this area includes the Clean Slate Act, a bipartisan measure that mandates the unsealing of certain federal records for nonviolent cannabis convictions to help affected individuals access employment and educational opportunities. Advocates are also championing the Veterans Safe Use of Cannabis for Healing Act and the Veterans Equal Access Act — additional bills to prevent Veterans Affairs benefits from being stripped away if veterans participate in illegal cannabis programs, and to allow VA doctors to prescribe medicinal cannabis in states where it is legal.

Another item on the coalition’s agenda is the Marihuana Federally Assisted Housing Parity Act, a state-enforced measure to protect people in federally assisted housing from eviction or denial of residency based solely on cannabis use. Finally, organizers are seeking clarification on hemp regulations through a series of farm bills.

As the coalition faced a fight against the entrenched Congress leadership, several lawmakers came out of their offices to show solidarity. After the press conference, Representative Ilhan Omar (D-MN) spoke plainly TMZ About changing currents inside the Capitol.

Omar noted that the enormous financial fallout of maintaining prohibition has fundamentally changed the conversation, making fiscal conservatives increasingly open to reform.

“I will say, legalization advocacy doesn’t necessarily mean you’re a user, so everybody can be an advocate … because we understand that it’s not good for us to spend the billions of dollars that we make now incarcerating people for smoking a port,” Omar said.

Omar also suggested that the Hill’s policy positions lag behind private reality. “I think so There are a lot of people in Congress who smoke cannabis“, he said.

As the three-day rally ended, organizers were optimistic, saying the breadth of the 41-group alliance is forcing lawmakers to view cannabis not as a boutique policy issue, but as a critical intersection of labor rights, immigration justice, veterans’ health care and economic equity, among others.

Whether their unity can propel legislative movement in a deeply polarized Congress remains to be seen, but advocates left Washington with a clear message: the floor for decriminalization has been set; the battle for the ceiling of total justice is underway.

This the article Originally published by the author The filteran online magazine that deals with drug use, drug policy and human rights from a harm reduction perspective. Keep the filter on Bluesky, X or Facebookand sign up for their newsletter.

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More cannabis companies join Texas medical marijuana program as list of potentials hits 15

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1 day ago

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May 18, 2026

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Texas public safety officials have tentatively approved a dozen cannabis providers to join the state’s medical marijuana program. It’s an important step in expanding access to medical cannabis, after lawmakers voted last year to grow the system from three licensed operators to 15, state officials said.

The companies selected cover nearly every corner of Texas, from the Dallas area and the Panhandle to the Rio Grande Valley and West Texas, reflecting what supporters hope will become a statewide network. Among the 12 suppliers selected to move forward in the final approval process are four companies added since December. Then the Texas Department of Public Safety, which oversees the “Compassionate Use Program,” released an initial list of nine conditionally accepted applicants.

When completed, the licenses will allow the companies, many of them based in Texas, to grow, manufacture, store and sell throughout the state.

“DPS will request additional information from these businesses and will not bill the distributor organization licensing fees until additional due diligence evaluations are completed and passed,” DPS officials said in a statement.

Read more at Dallas Morning News










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