The Supreme Court Just Changed the Gun Rights Debate for Marijuana Users

For years, Oklahoma medical marijuana patients have had a rather strange choice to make if they also wanted to exercise their Second Amendment rights.

And it all came down to one little question on a federal government form.

If you’ve ever bought a gun from a federally licensed dealer, you’ve filled out an ATF Form 4473 before. Among all the questions about criminal history and eligibility is one specifically asking whether you are an unlawful user of marijuana or another controlled substance.

That created a pretty obvious problem for somebody with an Oklahoma medical marijuana card.

Oklahoma says your marijuana use is legal under state law. Federal law, however, still considers marijuana a controlled substance. So where exactly does an Oklahoma medical marijuana patient fall when a federal form asks whether they're an unlawful marijuana user?

Tell the truth and potentially give up your constitutional right? Or lie on a government form knowing the ATF can see your OMMA license?

But now, the U.S. Supreme Court has thrown a pretty significant wrench into that whole argument.

Here's the case...

A man named Ali Hemani was arrested and charged in Texas after federal agents found a firearm, marijuana, and cocaine during a search of his home. Hemani also admitted that he regularly used marijuana. It was a federal warrant tied to a terrorism investigation... And before you roll your eyes and check out, give it a moment.

The U.S. Supreme Court ruled unanimously in United States v. Hemani that the federal government could not prosecute Hemani under the federal law prohibiting firearm possession by an unlawful user of a controlled substance based simply on his regular marijuana use.

And yes, that was 9-0.

The important part here isn't that the Supreme Court suddenly declared marijuana and guns to be totally kosher, they didn't... The Court's ruling was much narrower.

It said the government couldn't simply point to Hemani's marijuana use and remove his rights.

What Does the Hemani Ruling Mean for Oklahoma?

Well, it's not the resounding victory OMMA gun enthusiasts have wished for, but it does set a precedent.

It doesn't affect how you fill out your forms or stock your personal armory, but what Hemani does challenge is the constitutional foundation underneath the government's old position that simply being a regular marijuana user is enough to take away your Second Amendment rights.

The Argument Over Marijuana and Gun Rights

The other side of the Oklahoma populace has a perfectly reasonable argument too.

If somebody is using a mind-altering drug, should the government be allowed to keep a firearm out of that person's hands? Plenty of Oklahomans, particularly those who support tighter firearm restrictions for everyone but themselves, are answering that question with a pretty emphatic "YES!"

The irony of it...

The reality is, another person's constitutional rights don't necessarily disappear just because you don't like somebody's behavior. Just imagine if the ATF suddenly decided Cialis was a controlled substance, and all the old Fudds couldn't have sex and their guns too... There would be a revolt.

That's essentially where the Supreme Court landed in Hemani. The government can't simply point to somebody's status as a marijuana user and automatically assume that person is dangerous enough to lose their inalienable constitutional rights.

So no, Hemani didn't suddenly solve the Oklahoma medical marijuana and gun problem. But it may have blown a pretty substantial hole in the legal reasoning that created the problem in the first place.

There is still some dust to settle here, particularly how the ATF and federal agencies interpret the ruling going forward, but things are looking up.