Supreme Court will consider whether people who regularly smoke pot can legally own guns

[BumRushDaShow]

Source: AP

Updated 9:33 AM EDT, October 20, 2025


WASHINGTON (AP) — The Supreme Court said on Monday that it will consider whether people who regularly smoke marijuana can legally own guns, the latest firearm case to come before the court since its 2022 decision expanding gun rights.

President Donald Trump’s administration asked the justices to revive a case against a Texas man charged with a felony because he allegedly had a gun in his home and acknowledged being a regular pot user. The Justice Department appealed after a lower court largely struck down a law that bars people who use any illegal drugs from having guns.

The Republican administration favors Second Amendment rights, but government attorneys argued that this ban is a justifiable restriction.

They asked the court to reinstate a case against Ali Danial Hemani. His lawyers got the felony charge tossed out after the 5th U.S. Circuit Court of Appeals found that the blanket ban is unconstitutional under the Supreme Court’s expanded view of gun rights. The appellate judges found it could still be used against people accused of being high and armed at the same time, though.

Read more: https://apnews.com/article/supreme-court-marijuana-guns-e86c342bf248c7822722ad027980b72b

[DemMedic]

1. First the need to define "regularly"

N/T

[markodochartaigh]

2. Widespread enforcement of this law could turn

Texas blue.

[Daigan]

3. How About Beer? (NT)

[NH Ethylene]

5. Good point.

I'm much more fearful of a drunk person with a gun than one who is high on pot.

[Harker]

19. Kavanaugh would have to recuse himself.

[PatSeg]

23. You beat me to it

That was my first reaction. People who drink alcohol regularly seem like a far greater threat to society than those who smoke pot. Booze has triggered far more violent acts than marijuana ever has.

[maxsolomon]

26. Is it a "controlled substance"?

Are you "addicted" to it?

Probably.

[no_hypocrisy]

4. But you can be an alcoholic and own as many guns

as you like.

[70sEraVet]

21. Yeah, they can require that a breathalizer car-starter be installed

But we can't have a similar device for firearms.

[bluestarone]

27. Yep, especially if you only use them hunting

Democrats.

[Blues Heron]

6. They can't wrap their minds around how mild weed really is compared to nearly all other drugs even aspirin

OD on aspirin and you will bleed out internally like a stuck pig, but these supreme fools and almost all the pukes are completely hung up on cannabis to the extent they think it’s kryptonite.

[IbogaProject]

22. It was a combination of evil business goals and racism

The big one was they feared Jazz and the Labor Movement working together. This plus a lot of emerging tech to replace hemp products, like bleached paper, cellophane and making it harder for the poorest farmers to thrive were among the greed that got hemp banned. It used to be one of the top one or two most prescribed medicines. The federal government looked at Medicare reimburesment rates, and they were lower in the early medical mj states for only the conditions that Cannabis is known to help with. The only exception was a slight increase for glaucoma at around 7%, as the eye effect is only one hour and that condition still requires precriptions.

[NH Ethylene]

7. People who smoke pot need more rights, not fewer.

They are already excluded from many career paths.

Unfortunately there is no easy way to evaluate how high someone is, such as with alcohol, which is definitely an obstacle to making things more available to those who smoke.

[ashredux]

8. A drunk with a gun is much more dangerous than a stoner with a gun

I still don’t understand the far right fear of marijuana. Alcohol is a much worse addicting drug.

[luv2fly]

10. Like many other things Republican...

... it's about racism.

[BumRushDaShow]

13. About a year or so ago

I finally found and watched that 1936 film "Reefer Madness", which was pretty much a madcap but tragic piece of propaganda of the time.

It could be that the aversion to messing with alcohol started back with the early period of the country and anger about taxing whisky, as well as the rise and fall of the Temperance Movement, and ratification of the 18th Amendment (repealed with the 21st Amendment).

Some of the most notorious criminal gangsters operated during that period of Prohibition and were involved in the bootleg industry, so "banning" wasn't really a deterrent.

[FakeNoose]

31. Anyone who grew up in the midwestern states ... farm country ...

.... probably realizes that marijuana used to grow wild - literally a weed - just about anywhere in the Midwest.

During the 30s and 40s hemp seeds (with marijuana seeds mixed in) were sown all around in uncultivated areas to encourage harvesting for rope manufacture. It was considered a "free" crop before and after World War II. It didn't take much agricultural knowledge to recognize "wild" marijuana, as many baby-boomers can tell you.

I can remember my college days (around 1969 or 70) in northern Indiana when a neighbor's backyard was found to be full of "wild" marijuana. The cops came and took it all out of course, but they knew they were fighting a losing battle.

My point is that anyone who wants to abuse alcohol or drugs will eventually find a way to do it. It's easier to control access to guns than access to drugs or alcohol. (Or it should be easier.)

[BumRushDaShow]

33. I remember back when I was a Girl Scout

and our troop was at a campsite at one of the state parks and I saw some growing along the foundation of a cabin.

As a gardener, I do know there are some plants like Cleome that have similar types of leaves, but those are fall-bloomers and grow a tall stem.





They would have to deal with "states rights" and the fact that many states have not only legalized medical marijuana, but recreational marijuana as well.

So they have to decide whether to breach that barrier that they have been reticent to do.

[twodogsbarking]

9. Reefer Madness

[Ursus Rex]

11. So there IS a limit to 2A rights

.. interesting.

[Unwind Your Mind]

15. Right?

It’s bizarro world

The Fifth circuit struck it down ffs and this Justice department is appealing

[Alice B.]

16. Exactly what I was thinking... especially considering the number of domestic violence victims who have been...

… shot or killed by their partners with legal access to firearms (remembering the activist whose ex’s guns were confiscated EXCEPT for the one in his vehicle because of a legal hiccup).

[Harker]

20. Limitations are for other people.

[llmart]

12. So glad the "Supreme" (not so supreme) Court has nothing better to do than this.

I've posted this before on DU but when I was growing up I looked in awe on the members of the Supreme Court. Now they are just a joke and all because of their demented donnie. (Not all of them of course, but we know which ones are still worthy.)

Roberts should be ashamed.

[twodogsbarking]

14. People who eat beef jerky should be investigated to see if they can legally own guns

[twodogsbarking]

17. I think maybe you should smoke some pot to make an informed decision.

[get the red out]

18. Alcohol?

Drunks REALLY like to shoot!

[Initech]

24. Now do mentally insane MAGA fans.

[maxsolomon]

25. ATF Form 4473 Question F.

f. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

That's unambiguous. You don't even need to be a "regular" pothead, any use of Marijuana is disqualifying. You can't use a federally illegal drug lawfully.

This is the question Hunter Biden was prosecuted for lying on, and I look forward to the prosecution of every weed-smoking gun owner who lied on their 4473. Grab all their guns!

[Moostache]

28. The scorecard...

Drunk? No problem.
Marijuana user? Hold on there...

Violent offender? No problem (especially if you were beating a wife or spouse)
Non-violent protester? You are in a DTO (Designated Terrorist Organization or Domestic Terrorist Organization)

Republican? No problem.
Democrat? Under review...

Seriously, when the pendulum swings back, I am going to seriously attack and kneecap the first motherfucker that even SUGGESTS we forgo reprisals and vengeance for "the good of the country"... FUCK THEM AND FUCK THAT!!! When this ends, I want TWO pounds of flesh goddamnit! THEN we can discuss repairing or reforming the country, but not one second sooner.

[Deep State Witch]

32. Seriously!

Once "random" drug testing resumed when all of us IC Feds went back to work, I got a notice. Now, at this point I was 55 yo. I went and peed in the cup like a good little drone. Then proceeded to the "personal information" stage. I had a young man that was old enough to be my son lecture me on "you could lose your clearance if you do marijuana." All the while, he was wearing a nice leather jacket with the Jagermeister logo on it. I just gave him the "old lady look" and said that I have been employed with the government since 1987, I have never used marijuana, and if I did, it would be medical marijuana. Plus, I guess that Jager Bombs are okay, but taking a CBD gummy to get to sleep is not. He didn't answer me, just glared and told me to leave.

One of the first things I did when I retired was get some CBD. I did try some regular weed gummies, but wound up consuming and entire box of Quest Peanut Butter Cups. So, that's when I decided that I couldn't afford the weed munchies, and just stuck with CBD.

[rzemanfl]

29. A lot of right-wing assholes here in Florida have

medical marijuana prescriptions. I learned this mostly from overheard conversations in locker rooms. I never knowingly speak to those types.

[maxsolomon]

35. They all lied on their ATF forms

JUST LIKE HUNTER BIDEN.

[rzemanfl]

36. These people were all old folks like me.

They probably bought their guns long before any forms were required.

[maxsolomon]

37. They have to fill them out every time they buy a new Precious.

If they bought a gun in the last 57 years they lied. 4473 was introduced in 1968.

[rzemanfl]

38. Really? I bought guns in the '70s & '80s (shotguns) and don't recall any paperwork.

[maxsolomon]

39. I don't know the minutiae of the form's history.

That's when it was introduced per a Google search.

If you buy one now, you fill it out.

That's the exact question that Hunter Biden lied on. "Unlawful user" means everyone who smokes weed even occasionally commits the same crime he did, except he's the only one ever prosecuted solely for it.

[rzemanfl]

40. This article says the marijuana language was added in 2016 in response to state legalizations-

https://blog.gritrsports.com/the-history-of-atf-form-4473/

After reading it, I do recall a form the dealer filled out most of that asked about felonies, dishonorable discharges and such forth.

[maxsolomon]

43. I would presume it's the language in bold below that was added in 2016.

f. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

Not the part prior.

[rzemanfl]

44. Yes, the bold part.

I don't know what the "medical users" were doing in the past. I would have said I wasn't an illegal user back in the days when I bought a couple of guns, in the sixties, not so much....

[Deep State Witch]

30. Libertarians?

Isn't that what Libertarians are? People that want to smoke weed and own guns?

[kkmarie]

34. My thought has always been

The regime has to take guns. The regime isn't safe with armed citizens. They will widdle away at different types of gun owners, so it happens slowly and before you know it guns will be banned for most.
I also believe one of the reasons that is why they want voters records. Identify those voting Democratic party will also lose their guns. Krasnov has already called us the enemy.
Again just my thoughts. I don't own guns.

#EpsteinFiles
#HomanFiles

[mdbl]

41. is someone afraid they'll mistake the gun for a bong?

smh

[J_William_Ryan]

42. Republicans

are infamous for there hypocrisy.

[angrychair]

45. Hold on

So Republicans have fought for the right to drunk, legally insane and a spouse abuser and buy a gun tomorrow but if I smoke a joint, that is the red line?