Supreme Court sides with cannabis user in gun case

SCOTUS
Supreme Court sides with cannabis user in gun case

Driving the news: The Supreme Court of The United States confirmed cannabis use is not sufficient to justify restricting someone's ability to possess firearms.

The Supreme Court ruled 9-0 ruling in U.S. v. Hemani out of federal court in Texas. 

Federal agents raided Ali Daniel Hemani’s Texas home in 2022, finding a Glock 9mm pistol, approximately 60 grams of cannabis, and 4.7 grams of cocaine. Authorities subsequently charged Hemani for violating a federal law that prohibits the possession of firearms for any "unlawful user of or addicted to any controlled substance."

Hemani successfully saw his case dismissed in the Eastern U.S. District of Texas, and again in the Fifth Circuit Court of Appeals, which was held up by the Supreme Court on June 18. 

What they’re saying: “Marijuana use today is like alcohol use at the founding,” Justice Samuel Alito writes. 

“It is widespread and increasingly considered socially acceptable in many quarters. And from a practical standpoint, law enforcement widely tolerates the use of marijuana.”

And: "We do not question that sometimes an individual’s unlawful use of marijuana (or any other controlled substance) may render him a danger to others,” Associate Justice Neil Gorsuch writes in the majority opinion.

“But, again, the government disclaims the need to show anything like that in this case. Instead, it asks us to conclude that anyone who regularly uses marijuana is categorically violent and dangerous without any further showing.”

Zoom out: The case comes at a time when the federal government is actively reforming how it approaches cannabis law, with rescheduling hearings about to start within a few weeks. 

The majority opinion even noted that federal cannabis laws are changing even as much of its illegal status has remained unenforced since the Cole Memo. That being the case, the Supreme Court found it hard to accept that simple use of cannabis could be sufficient to condemn individuals under antiquated “habitual drunkard” laws. 

A rare joint victory: The ruling marked a rare instance in which the National Rifle Association and the National Organization for the Reform of Marijuana Laws both had cause to celebrate. 

"Our Constitution protects people, not stereotypes, and it does not permit the government to convert cannabis use alone into a categorical mark of civic unworthiness," said Joseph A. Bondy, NORML Board Chair. 

-ZH

Yesterday, it was announced that the DEA has selected participants for the adult-use rescheduling hearing later this month. As Marijuana Moment noted, “…only opponents of the reform have been invited to take part..”

Cannabis Musings’ Marc Hauser take?: “This says to me that the chances of adult use being rescheduled aren’t as strong as the industry expected. This is far from a done deal. And that’s not even thinking about the court challenges.”

DEA starts inspecting dispensaries that registered for Schedule III protections 🔍

The DEA has begun on-site inspections at medical dispensaries that applied for federal protections, starting with two Mississippi operators. The catch: registrants hand over deep records, from owner SSNs to full security plans, to unlock the 280E tax break.

Former DEA section chief joins rescheduling opposition ahead of June 29 hearing ⚖️

MMJ International Holdings recruited Jorge Jimenez, a retired DEA supervisory diversion investigator and former section chief, to challenge Schedule III at the DEA's upcoming hearing. MMJ's argument: state operators are getting federal benefits without meeting the FDA regulatory standards that pharmaceutical applicants like MMJ were required to satisfy.

Heavy cannabis use linked to nearly 4x higher lung cancer risk

A retrospective cohort study in Lung Cancer found adults diagnosed with cannabis use disorder were nearly four times more likely to develop lung or bronchus cancer than matched controls, with elevated risk across every subtype examined including small cell, adenocarcinoma, and squamous cell.

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