The U.S. Department of Justice (DOJ) maintains that medical marijuana users should not be allowed to own guns due to safety risks.
Federal prosecutors argued in a recent filing that the ban on marijuana users from owning guns is constitutional and should remain in place.
This is consistent with federal regulations that prohibit access to guns for individuals deemed potentially dangerous, such as those with mental illness or under the influence, Marijuana Moment reported.
Pennsylvania prosecutors challenge federal gun regulations
The filing is in response to a lawsuit filed by Robert Green, the district attorney for Warren County, Pennsylvania, who is a registered medical marijuana patient. Greene, along with the Second Amendment Foundation, filed a lawsuit against the Justice Department, Attorney General Merrick Garland, and other federal agencies, arguing that the ban violates people's right to bear arms for self-defense.
The Justice Department's motion, filed in the U.S. District Court for the Western District of Pennsylvania, seeks to dismiss Greene's lawsuit.
“The physical and psychological effects of marijuana impair a person's judgment, including the decision to use a firearm,” the report states.
The next steps in Robert Green's case include a federal court ruling on his request for a preliminary injunction.
Related article: Cannabis and guns: Legal battle intensifies as federal authorities block weapon sales due to weed odor, litigation continues
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Conflicting rulings in Texas gun and cannabis rights cases
Mr. Green's case is not the only legal battle on this issue. In a separate case, the 5th U.S. Circuit Court of Appeals ruled that marijuana users cannot be prohibited from owning firearms.
The ruling stems from the case of Texas resident Paola Connelly, whose right to bear arms was upheld despite her past marijuana use. “Marijuana user or not, Paola is a member of our political community and therefore has a presumptive right to bear arms,” said U.S. Circuit Judge Kurt Engelhardt. It was decided that
The ruling is significant because it aligns with a 2022 Supreme Court ruling that firearms laws should reflect historic gun ownership traditions.
The Justice Department has not commented on the ruling, which raises questions about how the federal government will address the gun ownership rights of millions of legal marijuana users nationwide.
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