Federal Judge: Ban on Cannabis Users Owning Firearms Is Unconstitutional

Another appeals court rules that cannabis users can own guns

January 9, 2025

A Fifth Circuit federal appeals court ruled this week that the government can't prosecute someone for owning a gun simply because they use marijuana. The court said this type of prosecution goes against America's historical gun rights and violates the Second Amendment.

The case involved Patrick Daniels Jr., who faced charges for having both cannabis and a firearm. The court said the law doesn't match up with how gun rights have traditionally been protected in the U.S.

Maine is not in the Fifth Circuit, but the decision shows how the courts are starting to look at firearm ownership by cannabis users.