Question of Firearms and Marijuana Consumption Back in Court
The U.S. Supreme Court was set to take up the question of whether or that marijuana users should be prohibited from owning firearms earlier this year. But due to a number of related cases, the case was remanded back to a lower court. So now the question goes before the Fifth Circuit once again.
At the heart of the case is whether or not past cannabis consumption automatically disqualifies a person from owning or possessing firearms. The Department of Justice believes it does. Their reasoning is that cannabis remains a Schedule I controlled substance under federal law. Therefore, any history of consumption would mitigate a person’s second amendment rights.
The Fifth Circuit previously ruled that there are limits on the DOJ’s authority to disarm cannabis users. The court agreed that a person currently intoxicated by any substance – including cannabis – can be legally disarmed. But they said the issue of past cannabis use is not so clear. The court was not willing to concede that someone who used cannabis years ago should be ineligible to possess firearms.
A Thorny Question
It is no surprise that the Supreme Court remanded the case back to the Fifth Circuit. It’s a thorny question that could prove difficult to decide no matter how the court rules. Remanding the case back to the lower court allows the Fifth Circuit to resolve questions about immediate intoxication and past cannabis consumption. Once that issue is resolved, the Supreme Court would be in a better position to rule on the broader issue.
What does all this mean, practically? If the court ultimately establishes a distinction between past consumption and immediate intoxication, it will open the door for the Supreme Court to rule that the DOJ doesn’t have the authority to make possession decisions based on a history of marijuana consumption.
It should be noted that moving cannabis from Schedule I to Schedule III, which is expected in the coming months, will not resolve the question about firearm possession. In fact, it could further complicate things. If you are not sure why, consider the millions of people who now use medical cannabis.
Firearms Are Off Limits
Utah is one of the states with a medical-only cannabis program. There are currently more than 83,000 registered medical cannabis card holders. Firearm possession is off limits to each and every one of them. How will the court’s ruling affect them?
The operators of the Zion Medicinal medical cannabis pharmacy in Cedar City explains that not all patients use medical cannabis with intoxication in mind. Large numbers of patients don’t get intoxicated at all. But they are still considered current users rather than people with past histories.
The question before the Fifth Circuit does not seem to address these particular users. So unless some sort of consideration is given to them, ruling that a past history of cannabis use doesn’t disqualify a person from possessing firearms won’t resolve things for current patients. People who use medical cannabis every single day are likely to continue facing obstacles with gun ownership.
The Supreme Court Will Decide
Ultimately, the Fifth Circuit’s ruling will make its way back to the Supreme Court. There is no way to know how the nation’s highest court will rule. Historically, the court has been more friendly than not to gun rights. But mixing gun rights with marijuana his uncharted territory.
We should know early next year whether the Fifth Circuit is able to resolve the question satisfactorily. I wouldn’t bet on it. I am guessing the Supreme Court will be asked to take it up again in the 2025-2026 session.