DOJ Relaxes Marijuana Rules — But Gun Owners Still in the Crosshairs

Despite a change from the federal government on marijuana, medicianl and legal use is still a trap for gun owners.

The Department of Justice are easing restrictions on marijuana. However, not for gun owners anytime soon. Once again, gun owners are stuck in the middle of a federal contradiction that makes less sense the closer you look.

What’s Happening

The DOJ has officially moved to soften federal restrictions on marijuana, opening the door for broader legal use, especially for medical purposes. But at the same time they’re doubling down on their authority to disarm gun owners who use it.

As part of the ongoing case U.S. v. Hemani, the DOJ made it clear to the Supreme Court the new rule changes nothing when it comes to gun restrictions. This is just another example of the Trump Administration to borrow an old Native American phrase “talking with forked tongues”.

This Administration is now saying that they might allow you to use it especially if you medically need it, but they will use that very use to disarm you. We must expect this line of thought to continue under a different Administration. This is something the courts must remedy immediately if this policy goes into full effect.

The Legal Catch

There is a bunch of messy language here we have to sort though. Federal law, specifically 18 U.S.C. § 922(g)(3), still makes it illegal for “unlawful users of a controlled substance” to possess firearms. That piece of law doesn’t care if your state legalized marijuana or you have a medical card. It also does not care if the federal government just downgraded its classification.

The only thing that line cares about is if you’re using a controlled substance under federal law. Despite the downgrading, marijuana is still one. Now courts could look at this and interpret it that since the federal government is downgrading marijuana’s status, you are no longer an “unlawful user”.

However, that determination has yet to happen and is subject to judicial discretion. As us gun owners know from the Supreme Court’s recent denial of hearing on a public transit carry ban, that is a tough spot to be in. There are no guarantees that a court will step in and defend gun owners rights on this instance or any other.

Why This Matters

We here in Minnesota have a version of legalized marijuana laws. It is something that has put us at 2 If By Sea Tactical in conflict with the federal government on. This instance shows just how easily the government can turn millions of Americans into “prohibited persons”. This is regardless of what your states have decided.

What does make this conundrum interesting is we now have the federal government loosen restrictions on a substance and is even encouraging broader legal use of it. At the same time, they are using that use as justification to strip constitutional rights. This is dangerous if allowed to stand.

This leaves us gun owners in a state of constant confusion and guessing on what is lawful and what is unlawful. There should be now guessing to constitutional rights. The Bill of Rights was written in a way everyone could understand. The continuing degradation of those rights is scary and dangerous. The government is doing everything in its power to keep all the leverage in direct violation of the Bruen standard.

Real-World Impact

For everyday Americans, this is a massive legal trap. If you use marijuana legally under state law you are still a prohibited person federally. There is no legal way to own a legal firearm while doing so. If charged, this would be a federal felony charge. What is even more insane is there is no clear line. Even the DOJ admitted they still intend to prosecute certain cases, especially recreational users.

The Court Fight

The Supreme Court is now weighing this issue in U.S. v. Hemani, where a man was charged after admitting to regular marijuana use while owning a firearm. During arguments, even justices raised serious concerns. One of those concerns was does occasional marijuana use actually make someone dangerous?

That question cuts to the heart of this issue. Because if the answer is no, then what legal justification for stripping a constitutional right does the government have? We expect a decision from the Supreme Court this summer.

That decision could go a few different ways. It could uphold the current restriction. It might narrow its application. Ideally, it would dismantle it altogether. However, until that ruling comes out, nothing changes for gun owners.

We are anxiously awaiting this decision. This really extends far beyond marijuana policy. The core of this case is about inconsistent enforcement of constitutional rights. Right now, the federal government is saying “this is okay to use… but not okay if you own a gun…”.

What we need here is clarity and not a legal trap. This trap is done on purpose to remove more people from exercising their constitutional rights. Here in Minnesota, it puts our citizens at increased risk given state laws. This selective enforcement of constitutional rights means those rights are, in the eyes of the government, optional.

Here at 2 If By Sea Tactical we strive to bring you the best experience in the firearms world.  As we continue to grow the media arm of 2 If By Sea, make sure you keep tuning in to our Youtube and Rumble channels and right here at “The Patriot’s Almanac” to stay informed on the latest happenings in the firearm world! But we are not lawyers, so this isn't legal guidance. We are proud to be Southern Minnesota source for all things 2A.

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