Trump DOJ attacks cannabis consumers’ constitutional rights

On March 2, the U.S. Supreme Court will hear arguments in the case of United States v. Hemani, testing whether and under what circumstances cannabis users can be stripped of their Second Amendment right to bear arms.

At issue is a federal law passed in 1968 that felonizes anyone who is “an unlawful user of or addicted to any controlled substance” and prohibits them from possessing firearms or ammunition. 

This means that if the Supreme Court upholds the constitutionality of the law as applied, anyone could be stripped of a constitutional right without conviction of a crime, without proof of misusing firearms, and without proof of intoxication at the time of possession of a firearm.

Put simply, if the Supreme Court rules against the defendant, millions of cannabis consumers would be considered felons if they exercise their right to bear arms.

Rather than seeking to defend this fundamental right, the Department of Justice (DOJ) has urged the Supreme Court to uphold the government’s ability to punish people for owning a gun — even if they are not impaired by any drug at the time of possession. To add insult to injury, a bipartisan group of state attorneys general has issued an amicus brief siding with the DOJ’s interpretation.

Whatever your position on gun policy, the eagerness of state and federal government officials to strip cannabis consumers of their constitutional rights is a dangerous and disturbing development that should concern every American. 

Both the NRA and the ACLU have weighed in on the case in favor of preserving Second Amendment rights for cannabis users, and MPP strongly agrees:

Cannabis possession should play no part in the question of firearm ownership. Individuals should have the right to own and use a firearm when not impaired, and cannabis users should have the same rights and responsibilities as anyone else when it comes to their Second Amendment rights. 

Despite any positive progress that may come from rescheduling, the federal government continues to employ an incoherent and tyrannical approach to cannabis that threatens the fundamental rights and freedoms of the people.

MPP will continue to monitor this case and speak out to defend the constitutional rights of cannabis consumers.