Trump DOJ Asks Supreme Court to Uphold Federal Ban on Cannabis Users Owning Guns

Trump DOJ Appeals to Supreme Court, Defending Ban on Cannabis Users Owning Guns

Legal Push to Reinstate Federal Ban

The Trump-appointed Department of Justice has formally asked the U.S. Supreme Court to resolve conflicting lower court rulings challenging a federal law that bars individuals who use cannabis from owning firearms. This statute—known as Section 922(g)(3)—currently prohibits firearm possession by anyone deemed an “unlawful user of, or addicted to, any controlled substance.”

DOJ Argues Ban Is Constitutional—and Temporary

In its filing, U.S. Solicitor General D. John Sauer insists that the statute complies with the Second Amendment:

“Section 922(g)(3) complies with the Second Amendment,” the brief states, adding that the prohibition is temporary and someone who ceases using illegal drugs can regain gun rights. Marijuana Moment+5Marijuana Moment+5Marijuana Moment+5

The DOJ maintains the law targets individuals who “pose a clear danger of misusing firearms,” a justification it says aligns with historical regulation of firearm access. Marijuana Moment+3Marijuana Moment+3Marijuana Moment+3

Conflict Among the Courts

Lower courts have reached varying conclusions:

• A panel of the 11th Circuit Court of Appeals recently ruled that medical marijuana users plausibly argue their disarmament violates the Second Amendment. Marijuana Moment+15Reuters+15Marijuana Moment+15

• Similarly, the 5th Circuit struck down the federal ban in the Connelly case, stating there's no precedent for disarming someone based on past cannabis use alone. WUSF+13Reuters+13Reason.com+13

This emerging split among federal appeals courts prompted the DOJ’s push for Supreme Court review.

H2: What the Supreme Court Decision Could Mean

Legal experts say the Court’s decision will significantly impact gun rights and cannabis users nationwide:

• A ruling upholding the ban would reinforce federal authority over firearm possession for cannabis consumers—regardless of state legality.

• If struck down, medical marijuana patients—even in compliance with state laws—could regain Second Amendment rights, potentially overriding Oklahoma’s current protections for cardholders.

Summary

The Trump-era DOJ’s appeal marks a pivotal moment in the intersection of firearm law and cannabis regulation. The Supreme Court’s ruling could either affirm federal restrictions or redefine gun rights for millions of state-legal cannabis users—including those in Oklahoma.