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-curcuit federal appeals court ruled this week that the government can't prosecute someone for owning a gun simply because they use cannabis. 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 this old law doesn't match up with how gun rights have traditionally been protected in the U.S.