Cannabis And Guns: Legal Battle Heats Up As Feds Block Weapons Sales Over Weed Smell, Lawsuits Ensue

Second Amendment advocates are up in arms once again over recent developments involving cannabis and gun ownership, arguing such incidents underscore the need for reform and more lawyers.

One flashpoint involves a seemingly mundane interaction gone awry. During a routine gun dealer audit, a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigator reportedly stopped the sale of a handgun to a man named Daniel solely because he allegedly smelled of marijuana, reported Marijuana Moment on Monday.

Daniel, according to the Second Amendment Foundation, vehemently denied any cannabis use and said he'd already passed a background check. The ATF itself acknowledged the smell could have been secondhand smoke, raising questions about the justification for blocking the sale.

Incidents like this, which feed into a broader legal battle, will no doubt come up in discussion at the Benzinga Cannabis Capital Conference on April 16 and 17, so you won't want to miss it.

Meanwhile, the Department of Justice (DOJ) has equated marijuana users with being the mentally ill and deemed them unfit to safely own and operate firearms. This stance contradicts President Biden’s recent remarks to end marijuana possession-related incarceration as the DOJ argues cannabis users are not responsible citizens and therefore lack Second Amendment protections.

This contradiction highlights the ongoing debate. Federal law prohibits anyone classified as an “unlawful user” of a controlled substance, which includes marijuana even in legalized states, from possessing firearms. The ban faces legal challenges from both marijuana rights groups and Second Amendment advocates.

Several states are taking action at the local level. Maryland lawmakers are considering legislation that would safeguard the gun rights of medical marijuana patients under state law. Organizers in Colorado are mobilizing to gather signatures for a ballot initiative that would remove state-level barriers preventing gun owners who legally use medical marijuana from obtaining concealed carry permits.

The federal government maintains that marijuana use poses a unique danger, justifying the gun ban. The feds argue it can impair judgment and reaction time, potentially increasing the risk of accidents or misuse of firearms.

This reasoning is being tested in courts, with the question of the ban’s constitutionality potentially headed to the Supreme Court.

Lawmakers are also getting involved. Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus, proposed legislation that would protect the Second Amendment rights of marijuana users in states where it’s legal. This bill could be attached to a broader marijuana banking bill, which is moving through Congress. Another bill co-sponsored by Mast focuses on allowing medical marijuana patients to buy and possess firearms.

This important issue will no doubt come up on one panel or another at the Benzinga Cannabis Capital Conference on April 16 and 17, 2024 at the new venue in Hollywood, Florida. The two-day event at The Diplomat Beach Resort will also be a chance for entrepreneurs, both large and small, to network, learn and grow. Renowned for its trendsetting abilities and influence on the future of cannabis, mark your calendars – this conference is the go-to event of the year for the cannabis world.

Photo: Courtesy of Mwewering and PeterPike by Pixabay