Supreme Court will weigh gun rights for 'regular' marijuana users

Supreme Court will decide marijuana, guns rule

The U.S. Supreme Court is set to take up a gun rights issue that deals with a person?s right to use marijuana and still own firearms. FOX 9?s Soyoung Kim has the details.

(FOX 9) - In the latest in the gun control debate, the U.S. Supreme Court will be taking up a gun rights case.

The Trump administration asked the high court to review limiting the rights of drug users in what they call "narrow" restrictions. The Supreme Court will decide whether people who smoke marijuana regularly can legally own guns.

Wrestling over interpretation

The backstory:

The review stems from a case where a Texas man was charged with a felony for allegedly violating the federal guns-and-drugs law. According to authorities, the FBI had found a gun in his house, and said he acknowledged being a regular marijuana user.

An appeals court struck down the ban and charge, interpreting that he was not found with a gun while actively using. That ruling pointed to a 2022 landmark decision that had also found any restrictions must have strong basis in the nation’s history and said a blanket ban was not supported.

Now, the Trump administration is asking the Supreme Court to review the case and apply a gun ban. The Justice Department argues the federal law is valid when used against "regular drug users" because they "pose a serious public safety risk."

Local perspective:

This battle raises many questions because, like Minnesota, about half of states have legalized recreational marijuana.

Minnesota’s Office of Cannabis Management (OCM) said despite state and federal law discrepancies, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has clarified that it remains federally illegal to mix marijuana with guns.

What they're saying:

In response, the Minnesota Gun Owners Caucus sent this statement to FOX 9.

"Early American laws only punished carrying a firearm while intoxicated, not for unarmed use or possession of substances. The Supreme Court’s review will decide if that history supports disarming people for cannabis use alone. This issue is particularly ripe as states like Minnesota have legalized recreational cannabis use, and the federal government does not prosecute individuals for personal use."

What's next:

The Supreme Court will likely hear arguments early next year.