The federal ban on gun ownership by marijuana consumers is nonsensical and unconstitutional—and it’s made all the more confounding by the fact that President Donald Trump recently directed the completion of federal cannabis rescheduling process, ACLU attorneys for a man at the center of a U.S. Supreme Court case say.
In a brief submitted to justices on Friday, attorneys for Ali Danial Hemani gave a comprehensive overview of their legal analysis in the case, U.S. v. Hemani. This comes just over a month before the court is scheduled to hear oral arguments in the proceedings.
Hemani’s counsel with the ACLU are contending that the federal statute 18 U.S.C. §922(g)(3) that prohibits cannabis users from possessing firearms lacks adequate historical analogues, fails to clearly define who is considered an “unlawful user” of a drug and flies in the face of evolving marijuana policies at the state and federal level.
“Like tens of millions of Americans, respondent Ali Hemani owned a handgun for self-defense, keeping it safely secured at home,” the brief says. “Like many of those same Americans, he also consumed marijuana a few days a week.”
Stripping cannabis consumers of their gun rights under §922(g)(3) represents a “draconian” policy that violates
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