Justice Department Defends Ban On Gun Ownership For Medical Cannabis Users

The U.S. Department of Justice (DOJ) is holding firm on its stance that medical marijuana users should not allowed to own a gun, citing safety risks.

In a recent filing, federal attorneys argued that the ban on gun ownership for cannabis users is constitutional and should remain in place.

This aligns with federal regulations barring gun access for individuals considered potentially dangerous, such as those who are mentally ill or under the influence, reported Marijuana Moment.

Pennsylvania Prosecutor Challenges Federal Gun Ban

This filing responds to a lawsuit by Robert Greene, the District Attorney of Warren County, Pennsylvania, who is a registered medical marijuana patient. Along with the Second Amendment Foundation, Greene filed suit against the DOJ, Attorney General Merrick Garland and other federal agencies, arguing that the ban infringes on his right to bear arms for self-defense.

The DOJ’s filing, submitted to the U.S. District Court for the Western District of Pennsylvania, seeks to dismiss Greene’s suit.

"Marijuana's physical and mental effects impair a person's judgment, including judgment about whether to use firearms," it says.

The next step for Robert Greene's case involves a federal court decision on his request for a preliminary injunction.

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

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Contradictory Ruling In Texas Gun & Cannabis Rights Case

Greene's case is not the only legal battle on this issue. In a separate case, the 5th U.S. Circuit Court of Appeals ruled that cannabis users cannot be barred from owning firearms.

The ruling arose from the case of Paola Connelly, a Texas resident whose right to bear arms was upheld despite her past marijuana use. "Marijuana user or not, Paola is a member of our political community and thus has a presumptive right to bear arms," U.S. Circuit Judge Kurt Engelhardt ruled.

The decision is significant because it aligns with a 2022 Supreme Court decision stating that firearm laws should reflect historical gun ownership traditions.

While the DOJ has not commented on this ruling, it raises questions about how the federal government will address gun ownership rights among the millions of legal cannabis users nationwide.

• Read Next: Cannabis Users Cannot Be Barred From Gun Ownership, U.S. Appeals Court Rules

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