DOJ Pushes to Dismiss Gun Rights Lawsuit from Pennsylvania Prosecutor Who Uses Medical Marijuana
The Department of Justice (DOJ) has filed a new brief in a federal court case, arguing that the government’s ban on gun ownership by cannabis users is constitutional and should be upheld. The lawsuit was filed by Warren County District Attorney Robert Greene, who is a medical marijuana patient and claims that the ban violates his Second Amendment rights.
In the brief, the DOJ argues that the ban is analogous to laws disarming intoxicated individuals and those with mental illnesses, citing historical precedent. The government claims that these laws establish the principle that governments can disarm groups deemed dangerous with firearms, and that the connection between cannabis use and impaired judgment or lack of self-control provides a sufficient reason to restrict gun ownership.
The DOJ also argues that Greene’s lawsuit fails to properly state a claim under the Second Amendment and misstates the legal standard for challenges to the law. Additionally, the government contends that another plaintiff in the case, the Second Amendment Foundation, lacks standing because the suit requires the participation of individual members of the group who are harmed by the prohibition on gun ownership by cannabis users.
The lawsuit was filed in response to the federal government’s ban on gun ownership by individuals who use cannabis, even if they are doing so legally under state law. The ban is based on a federal statute that prohibits anyone who is an “unlawful user” of a controlled substance from possessing or receiving a firearm.
Greene and other plaintiffs argue that the ban is unconstitutional and that it infringes on their Second Amendment rights. They claim that the ban is overly broad and that it does not provide a meaningful exception for individuals who use cannabis for medical purposes.
The case is currently pending in the U.S. District Court for the Western District of Pennsylvania. A decision is expected in the coming months.
In related news, a recent study found that marijuana consumers have significantly decreased odds of cognitive decline compared to non-users. The study suggests that the potential benefits of marijuana in improving sleep quality and alleviating stress may contribute to the observed decrease in subjective cognitive decline.
The Biden administration has argued that medical marijuana patients who possess firearms “endanger public safety,” “pose a greater risk of suicide,” and are more likely to commit crimes “to fund their drug habit.” However, some states have passed laws that further restrict or attempt to preserve gun rights as they relate to marijuana.
