GOP Senators Question Federal Ban on Gun Ownership for Marijuana Users as Supreme Court Considers Issue
Several Republican senators are challenging the federal ban on gun ownership for individuals who use marijuana, arguing that the same standard should apply to cannabis consumers as it does to those who drink alcohol. The debate comes as the US Supreme Court is considering taking up several pending cases on the issue.
Sen. Thom Tillis (R-NC) said that if alcohol drinkers can lawfully buy and use firearms, then cannabis consumers should be able to do the same. “Why would I have a problem with that any more than somebody who drinks alcohol?” he asked.
Sen. Dan Sullivan (R-AK) expressed similar sentiments, stating that he is “highly skeptical” of the ban, given that marijuana is legal in his state and many gun owners reside there. “A Second Amendment right can’t be trumped by a statute,” he said. “That’s why it’s called a constitutional right.”
However, not all Republican senators agree with their colleagues. Sen. Ron Johnson (R-WI) expressed concerns about the potential risks associated with marijuana use, particularly when it comes to traffic safety. “Obviously, you shouldn’t be using a firearm if you’re under the influence of anything,” he said.
The Supreme Court is currently considering several cases related to the federal ban on gun ownership for marijuana users. The cases do not involve individuals who are actively intoxicated on marijuana or other substances, but rather the law that bars anyone who uses cannabis from owning or purchasing a gun.
The debate has sparked a nuanced discussion about the intersection of Second Amendment rights and drug policy. Sen. Cynthia Lummis (R-WY) suggested that if she were a Supreme Court justice, she would prioritize a case involving cocaine use over one involving marijuana use.
The issue has also led to conflicting court rulings. In August, the Tenth Circuit ruled that the government must prove that people who use marijuana “pose a risk of future danger” in order to justify the ban. The Justice Department has appealed this ruling, arguing that the ban is consistent with historical precedent.
Meanwhile, a growing number of federal courts are finding constitutional problems with the application of the firearms prohibition. In July, a three-judge panel for the US Court of Appeals for the Eighth Circuit vacated a defendant’s conviction and remanded the case back to a district court, noting that a retrial may be necessary to determine whether cannabis use caused the defendant to be dangerous.
