Cannabis Users Can Own Guns - Landmark Appeals Court Ruling

Breaking Down the Landmark Ruling: What It Means for Cannabis Users and Gun Ownership

In a major win for the cannabis community, a U.S. appeals court has ruled that a cannabis user cannot be barred from gun ownership. Ruling in favor of a Texas woman, Paola Connelly, who faced federal charges for owning firearms while occasionally smoking marijuana. This ruling could reshape the legal landscape for cannabis users who also exercise their Second Amendment rights.

Connelly’s troubles began when police in El Paso responded to a report of gunfire at her home. When they arrived, they found her husband firing a shotgun at a neighbor’s door. During the investigation, Connelly admitted that she sometimes smoked marijuana. A search of their home revealed drug paraphernalia and several firearms, including some owned by Connelly. This led to her being indicted under federal law, which bans illegal drug users from owning guns.

But here’s where it gets interesting: the New Orleans-based 5th U.S. Circuit Court of Appeals ruled that prosecuting Connelly for gun ownership based on her past marijuana use was unconstitutional. In the court’s opinion, U.S. Circuit Judge Kurt Engelhardt, appointed by former President Donald Trump, made it clear that the government had overstepped its bounds. He wrote, “Marijuana user or not, Paola is a member of our political community and thus has a presumptive right to bear arms.”

What the Ruling Means

Engelhardt emphasized that while the government might have the authority to prevent someone actively under the influence of drugs from possessing firearms, there is “no historical justification for disarming a sober citizen not presently under an impairing influence.” This is a powerful statement that could have far-reaching implications for cannabis users nationwide.

The court's decision drew on a 2022 U.S. Supreme Court ruling that expanded gun rights by establishing a new test for assessing modern firearm restrictions. According to this test, regulations must be consistent with the nation’s historical tradition of firearm regulation. Engelhardt pointed out that in American history, while laws have regulated the combination of guns and intoxicating substances, they have never permanently disarmed individuals based on past use.

A Potential Shift in Policy

This ruling isn’t just a one-off victory. It’s part of a growing trend where judges are questioning the constitutionality of the federal ban on firearm ownership for cannabis users. The Justice Department has previously argued that cannabis causes mental illness and that pot smokers are less likely to store their firearms safely. However, the appeals court rejected these claims, drawing parallels to alcohol, which has never disqualified someone from gun ownership.

With more courts ruling in favor of cannabis users, it’s possible that we could see a radical change in federal policies. If cannabis were to be reclassified as a Schedule III substance or decriminalized entirely, many wonder if those convicted of non-violent crimes related to cannabis and gun possession could have their cases overturned.

At the very least, millions of Americans who consume cannabis could soon have their right to bear arms reinstated. This ruling could be a major step forward in ensuring that cannabis users are treated with the same respect and rights as any other law-abiding citizen.

As always, stay informed and stay empowered. Until next time, keep the good vibes rolling!

Charlotte Jones