A federal judge for the Western District of Oklahoma issued a ruling on February 3rd that provided the American people clarification on the use of guns and grass by the same person. Calling the ban on people from possessing firearms because they used marijuana unconstitutional and the federal government’s attempts to justify the ban as “concerning,” Judge Patrick Wyrick is taking a big step.
With the thousands of medical marijuana patients being left out of being able to exercise their Second Amendment rights, this case has wide-reaching implications. The defendant, in this case, was charged in OK back in 2022 when police discovered marijuana and a firearm in his vehicle following a traffic stop. By telling “unlawful” users of cannabis that they cannot possess firearms, they are violating the Second Amendment.
As it stands, the ruling comes because the Justice Department attempts to justify the charges with references back to a 1791 document of explanations for the rights and how they applied for firearms. The Justice Department using the same document provides case law based on preventing Catholics, loyalists, slaves, and Indians from having guns, completely “misses the mark” and “cannot provide the basis for a historical analog” according to Judge Wyrick.
This ruling also addresses a claim that unlawful marijuana users are “both unvirtuous and dangerous.” In his ruling, Wyrick explained that “because the mere use of marijuana does not involve violent, forceful, or threatening conduct, a user of marijuana does not automatically fall within that group.”
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Former Florida Agriculture Commissioner Nikki Fried (D) and several medical cannabis patients have been bringing up a case about the same ban and have been fighting it for some time. While she is not directly involved with the case at this point she tweeted “When you are right, you are right. We will win this battle and protect cannabis users rights.” The group is being represented by Will Hall, and he told Marijuana Moment that the plaintiffs are “aware of” this new ruling, and they had plans “to address it in our subsequent filings.”
This ban is coming due to the way they are looking at the scheduling of cannabis, and the lawsuit explains that those with medical cards in Florida are being stuck choosing between a lie on the form, buying a firearm illegally, or surrendering their second amendment rights. It’s not a good spot to be in on either side of the line either.
Back in 2020, the ATF attempted to answer this question, but only targeted Michigan. There, they required gun sellers to conduct federal background checks on all unlicensed buyers because the state’s cannabis laws encouraged “habitual marijuana users” and other disqualified individuals to get their hands on firearms illegally.
Currently, Rep. Alex Mooney (R-WV) along with Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus, and Rep. Thomas Massie (R-KY) is bringing about a bill to change the law making it perfectly legal for those with a medical marijuana card to own and possess firearms. While previously introduced in the 116th Congress, it was never voted on. This time, with the changes that Congress and the House have undergone, it stands a much greater chance of being given full consideration.
For years, the GOP has opposed cannabis. While things have loosened a bit, we are starting to see more and more anecdotal evidence of legalizing and taxing cannabis as a good thing. With so many of our veterans needing it to help process their ailments caused by years in harsh environments, it really is time to legalize it. Allowing them to at least continue using firearms training as therapy to go with their medical cannabis, it’s the least we can do for this great nation’s brave.