Marijuana
Supreme Court unanimously narrows federal gun ban for marijuana users, requiring proof of dangerousness
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The U.S. Supreme Court unanimously ruled that the federal government may not automatically bar a person from possessing firearms solely because the person uses marijuana, holding that the prohibition in 18 U.S.C. § 922(g)(3) is unconstitutional as applied without a showing that the individual’s drug use makes them dangerous. Justice Neil Gorsuch wrote the opinion in United States v. Hemani.
The U.S. Supreme Court unanimously ruled Thursday that federal prosecutors violated the Second Amendment by charging a Texas man with illegal firearm possession for using marijuana. The decision in United States v. Hemani limits the reach of a 1968 law banning gun ownership by unlawful drug users. Justice Neil Gorsuch wrote the opinion, stressing its narrow scope.
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Indiana Gov. Mike Braun has indicated he is open to revisiting the state’s marijuana policy as neighboring states expand legal access and as the Trump administration moves to reclassify some marijuana products under federal law. Sen. Jim Banks, also a Republican, has urged Braun to maintain Indiana’s prohibitions, warning that legalization could worsen addiction and public-safety risks.