DOJ Tells Supreme Court Gun Ban for Marijuana Users Must Be Upheld

Key Takeaway

The US Department of Justice argued before the Supreme Court in US v. Hemani that the federal gun ban for marijuana users must be upheld regardless of whether President Trump's rescheduling executive order is finalized. The argument came despite an earlier internal DOJ memo suggesting the ban might be unconstitutional under Bruen. DOJ attorneys maintained that the historical tradition of disarming those judged dangerous provides sufficient constitutional grounding for the current restriction. For cannabis operators, the DOJ's position signals that even under a pro-cannabis administration, the gun ban will not be voluntarily relaxed without court intervention or explicit legislative repeal, leaving employees and operators in legal gray zones on firearm possession.