Federal Judge Rules Gun Ban for Weed Smokers Unconstitutional

47w
3m read
Summary

Oklahoma voters legalized medical marijuana in 2018, and the state has more than 2,000 licensed dispensaries where patients can obtain medical cannabis. Federal prosecutors subsequently charged Harrison under the nationwide ban on gun ownership by marijuana users. A federal judge in Oklahoma City ruled last week that a federal law that prohibits cannabis users from owning firearms is unconstitutional and must not be enforced by prosecutors. Harrison’s attorneys challenged the gun prohibition for cannabis users, arguing that the ban is not consistent with the nation’s historical tradition of regulating firearms. Harrison told police he was on his way to work at a legal medical marijuana business, although he did not have a state-issued identification card authorizing him to use cannabis medicinally.

Article Preview

A federal judge in Oklahoma City ruled last week that a federal law that prohibits cannabis users from owning firearms is unconstitutional and must not be enforced by prosecutors. Citing a ruling handed down by the U.S. Supreme Court last year that dramatically expanded gun rights, U.S. District Judge Patrick Wyrick dismissed a federal indictment charging an Oklahoma man with violating the ban, ruling that the prohibition denied the defendant of his right to bear arms guaranteed by the Second Amendment to the U.S. Constitution.

Under current federal law, people who use cannabis are prohibited from owning or purchasing firearms because they are “an...

Read the full article @ High Times