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WI medical marijuana prospects; PA bill on medical cannabis in hospitals; Survey: THC drinks reduce alcohol use Subscribe to receive Marijuana Moment’s newsletter in your inbox every weekday morning. It’s the best way to make sure you know which cannabis stories are shaping the day. Get our daily newsletter. Email address: Leave this field empty if you're human: Your support makes Marijuana Moment possible… *Rattling the tip jar* Got a few dollars you can spare to help Marijuana Moment pay our writers, keep our website running and grow into the kind of robust news organization the fast-paced world of drug policy deserves? Join us for $25/month and be a part of our work: https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW The U.S. Supreme Court is being asked to take up the case of a man who lied about his marijuana use when purchasing guns—as the justices are set to discuss several other cases on cannabis consumers’ Second Amendment rights in a closed-door meeting this week. Wisconsin Assembly Speaker Robin Vos (R) said “there’s the hope to try to find a consensus” to pass medical cannabis legalization legislation—but he argued that a new bill from the GOP Senate president is “way too broad and way too wide-ranging.” Bipartisan Pennsylvania senators filed a bill to allow terminally ill patients to use medical cannabis in hospitals, mirroring a policy that’s already been enacted in California. A new survey shows that nearly four in five adults who drink cannabis-infused beverages say they’ve reduced their alcohol consumption—and 20 percent have quit drinking alcohol altogether. / FEDERAL Federal drug prosecutions have reportedly fallen to the lowest level in decades. Former Rep. Matt Gaetz (R-FL) tweeted, “Reclassify Marijuana.” / STATES A spokesperson for Nebraska Gov. Jim Pillen (R) defended his decision to pressure regulators to reduce the number of medical cannabis plants that licensed businesses can grow. A Wisconsin representative discussed the possibility of legalizing medical cannabis. A Michigan representative criticized a recently passed bill to increase marijuana taxes. A federal judge paused a lawsuit against Alabama medical cannabis regulators’ business licensing decisions. Louisiana regulators adopted changes to medical cannabis rules. Oregon regulators filed proposed changes to marijuana and hemp rules. California officials are cracking down on kratom and 7-OH products. New York regulators approved additional marijuana business licenses. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — / LOCAL The Boston, Massachusetts Cannabis Board will meet on Wednesday. / INTERNATIONAL German officials issued a notice of intent to tighten medical cannabis rules. / SCIENCE & HEALTH A review concluded that “cannabinoids may alleviate symptoms of multiple sclerosis, rheumatoid arthritis, and systemic lupus erythematosus, although their long-term impact on immune competence remains uncertain.” A study found that “cannabinoids are used by nearly half of all [epidermolysis bullosa] patients with notable improvements in pain, itch, and overall wellbeing.” / ADVOCACY, OPINION & ANALYSIS The Social Democratic Party of Germany said a new government analysis shows that the country’s cannabis legalization law “was the right and long overdue step.” The leader of the Green Party of England and Wales said he supports legalizing all drugs. / BUSINESS A Cannabist Company Holdings Inc. co-founder resigned from the board of directors. / CULTURE Elon Musk posted an AI-generated video of himself smoking what appears to be marijuana on Mars. Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox. Get our daily newsletter. Email address: Leave this field empty if you're human: Photo courtesy of Chris Wallis // Side Pocket Images. The post Another cannabis & gun rights case before SCOTUS (Newsletter: October 7, 2025) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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Wisconsin’s GOP Assembly speaker said he hopes lawmakers in the state can “find a consensus” on legislation to legalize medical marijuana. But he added that a new cannabis bill filed by his Republican leadership counterpart in the Senate is “unlikely” to pass his chamber because it is “way too broad and way too wide-ranging.” “I have tried for five or six years to find a way to get to yes,” Speaker Robin Vos (R) said in an interview with WISN-TV on Sunday. “The idea that we are going to have medical marijuana dispensaries in every city around the state, I don’t know that’s where most people are.” Last year, Vos unveiled a limited medical cannabis bill that called for a limited program facilitated through state-run dispensaries. “So we tried to have a much more limited version to say, ‘look, let’s have five or six dispensaries statewide [and] make sure that it’s not in a profit-driven motive, to help people who truly are sick with some kind of a diagnosis,'” he said in the new interview. But the state-run model proved controversial among his Republican colleagues, however, and it ultimately stalled out. Now, Vos is raising concerns about new legislation introduced last week by Senate President Mary Felzkowski (R) and other GOP lawmakers that would establish a more traditional system of licensed private dispensaries. “I still think there’s the hope to try to find a consensus, but it looks to me like the version that was released is just way too broad and way too wide-ranging where people worry it will lead to recreational marijuana,” he said. “I don’t want that.” The speaker said it is “unlikely” the Senate bill could get enough support to clear the Assembly. “There’s a whole group of Republicans that I understand are opposed to it because they think it’s a gateway to recreational marijuana, which would be awful for Wisconsin,” he said. “There’s another group who want to have legalized marijuana, and that’s the Democrats—so they don’t want to have any real restrictions.” “So trying to find a consensus in the middle is super challenging, which is why I thought the bill we had last time—where it was a very skinny version, very scaled down, focusing only on the people who are truly sick and needy—had the best chance to pass. But even that had problems. So now this one is much more all encompassing. I can’t see a scenario where it passes, but only time will tell.” Asked whether he could support the Senate leader’s new bill, Vos said he’s “probably” a no on it should it ever come to a vote. Last week, Felzkowski (R), who had previously sponsored a different medical cannabis bill, announced in a press release that she filed the new measure alongside Sen. Patrick Testin (R), with an Assembly companion version from Assemblymember Patrick Snyder (R). The text of the proposal wasn’t immediately available, but Felzkowski’s prior bill would have allowed doctors to issue medical cannabis recommendations to patients with one of eight conditions, including cancer, seizure disorders, post-traumatic stress disorder and multiple sclerosis. The legislation was fairly restrictive, as it prohibited smokable marijuana products and wouldn’t have allowed patients to grow cannabis for personal use. Patients could have only obtained cannabis preparations in the form of oils, pills, tinctures or topicals. “Someone who suffers from a serious health condition should not have to make the choice to travel to another state or break the law so they can try an alternative medicine for relief,” Felzkowski, a cancer survivor, said in a press release. “This legislation is about giving our friends, family members, and neighbors suffering from a chronic illness the freedom to explore another option with their doctor,” she said. “This is also a chance for small businesses in our state to take part in this market with reasonable regulations on making and selling these products, all while still protecting public safety.” As the 2025 session was set to get underway, the Senate leader said she was “hoping to have a conversation” in the legislature about legalizing medical marijuana this year—though Vos, the Assembly speaker, still represented “an obstacle,” she added. Meanwhile, a Republican candidate for governor of Wisconsin said in July that he was “open to considering different opportunities” when it comes to legalizing medical or adult-use marijuana in the state, though he has provided little in the way of specifics so far. On the Democratic side, current Gov. Tony Evers (D), who supports legalizing cannabis, will not be seeking re-election. But he said in June that if his party can take control of the legislature, the state can “finally” legalize marijuana so that residents don’t have to go to neighboring Illinois to visit its adult-use market. Separately in June, a poll from Marquette Law School found that two in three Wisconsin voters support legalizing marijuana. The survey found that support for cannabis reform has generally increased over time since the institution first started tracking public opinion on legalization in 2013, with 67 percent of voters now backing the policy change. That’s 17 percentage points higher than the 2013 results. Democrats are the most likely to favor legalizing cannabis, at 88 percent, followed by independents (79 percent). However, a majority of Republicans (56 percent) said they’re still opposed to adult-use legalization. Underscoring the importance of party control, the state’s Republican-controlled Senate and Assembly this summer rejected another attempt to legalize marijuana, defeating amendments to budget legislation that would have ended prohibition in the state and established new medical and recreational cannabis programs. Evers has routinely attempted to change that policy as part of his budget requests—and Democratic leaders have similarly pushed for reform. Republicans in the legislature also cut the marijuana provisions from a state budget proposal in May, as they’ve done in past sessions. Despite Republicans’ move to cut legalization from the budget legislation, party leaders recently acknowledged that the debate over medical marijuana legalization is “not going to go away,” and there’s hope it can be resolved this session. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — “I don’t think anyone is naive enough to think that marijuana and THC products aren’t present in the state of Wisconsin when they are readily available over state lines, so I think we need to come to an answer on this,” Assembly Majority Leader Rep. Tyler August (R) said in February. “I’m hopeful that we can.” “If we’re going to call it medical marijuana, it needs to be treated like a pharmaceutical. But the marijuana debate is going to be something that is not going to go away,” Sen. Dan Feyen (R), the assistant majority leader, said at the time. “The margins are tighter.” Evers previewed his plan to include marijuana legalization in his budget in January, while also arguing that residents of the state should be allowed to propose new laws by putting binding questions on the ballot—citing the fact that issues such as cannabis reform enjoy sizable bipartisan support while the GOP-controlled legislature has repeatedly refused to act. Previously, in 2022, the governor signed an executive order to convene a special legislative session with the specific goal of giving people the right to put citizen initiatives on the ballot, raising hopes among advocates that cannabis legalization could eventually be decided by voters. The GOP legislature did not adopt the proposal, however. Evers said in December that marijuana reform is one of several key priorities the state should pursue in the 2025 session, as lawmakers work with a budget surplus. Days after he made the remarks, a survey found the reform would be welcomed by voters in rural parts of the state. Nearly two thirds (65 percent) said they support legalizing cannabis. Last May, the governor said he was “hopeful” that the November 2024 election would lead to Democratic control of the legislature, in part because he argued it would position the state to finally legalize cannabis. “We’ve been working hard over the last five years, several budgets, to make that happen,” he said at the time. “I know we’re surrounded by states with recreational marijuana, and we’re going to continue to do it.” A Wisconsin Democratic Assemblymember tried to force a vote on a medical cannabis compromise proposal last year, as an amendment to an unrelated kratom bill, but he told Marijuana Moment he suspects leadership intentionally pulled that legislation from the agenda at the last minute to avoid a showdown on the issue. Meanwhile, the state Department of Revenue released a fiscal estimate of the economic impact of a legalization bill from then-Sen. Melissa Agard (D) in 2023, projecting that the reform would generate nearly $170 million annually in tax revenue. A legislative analysis requested by lawmakers estimated that Wisconsin residents spent more than $121 million on cannabis in Illinois alone in 2022, contributing $36 million in tax revenue to the neighboring state. Evers and other Democrats have since at least last January insisted that they would be willing to enact a modest medical marijuana program, even if they’d prefer more comprehensive reform. The post Wisconsin GOP Assembly Speaker Hopes For ‘Consensus’ On Medical Marijuana, But Says New Senate Bill Is ‘Too Broad’ appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Nearly four in five adults who drink cannabis-infused beverages say they’ve reduced their alcohol intake—and more than a fifth have quit drinking alcohol altogether—according to a new survey shared exclusively with Marijuana Moment. The poll from THC beverage company CrescentCanna, which surveyed its customers about their habits and behavioral trends, found that 77 percent of respondents said they’ve reduced the amount of alcohol they consume since using cannabis drinks. That includes 21 percent who said they’ve cut out alcohol altogether, adding another data point to the growing research on the marijuana’s substitution effect with other drugs. While some might assume it’s the younger generation that’s most likely to have taken to cannabis drinks, the poll found that adults aged 35-54 constitute the largest demographic in the market, at 53 percent. Notably, more than a third of people who use THC drinks are over 55. Here are some other data points from the survey: More than one in three respondents said they drink at least one THC beverage per week, and 45 percent said they consume at least three. Most THC beverage consumers (67 percent) said they use other cannabis products weekly, but almost a third said that, on average, they use alternative THC products less than once per week or never. A majority of respondents (67 percent) said they prefer to consume THC drinks at home, compared to more than 20 percent who said they like to drink them in social settings such as clubs (14 percent), parties (6 percent) and festivals (3 percent). Sixty-eight percent of adults said they purchased their THC drinks online. About 78 percent of respondents said they drink THC beverages too relax and unwind. Another 64 percent said they just enjoy the feeling the drinks elicit. Fifty-nine percent said they value cannabis beverages because they don’t get hangovers associated with alcohol, 52 percent said it helps them avoid the broader negative impacts of alcohol and 51 percent said the THC drinks help them sleep. The survey involved interviews with 1,066 adults aged 21 or older who were part of CrescentCanna’s consumer database. “Those surveyed reported using THC beverages as a complement to socializing and other pleasurable activities—both at home and away—and as a way to relax,” CrescentCanna said. “Not surprising at all since these are the same reasons so many people enjoy alcohol, as well as other forms of cannabis.” “The survey clearly shows that consumers who try THC drinks are aware of their benefits and enjoy them for many of the same reasons they might otherwise use alcohol or other forms of cannabis, as well as for reasons not commonly associated with alcohol or cannabis use in general,” it said. The survey comes after a leading alcohol industry group added a company that makes THC-infused drinks to its membership roster for the first time, furthering signaling the cultural shift. Meanwhile, on the list of activities that Americans say is dangerous for pregnant women to engage in, using marijuana falls below drinking alcohol or smoking cigarettes, according to a new poll. Marijuana use is linked to lower alcohol intake and diminished cravings in heavy drinkers, according to a recent federally funded scientific paper. In a study earlier this year, scientists at the University of Sydney published a paper investigating the theory that non-intoxicating cannabidiol could mitigate problematic drinking issues. The research, published in the journal British Journal of Pharmacology with funding from the Australian National Health and Medical Research Council, found that “CBD represents a promising candidate to reduce voluntary alcohol consumption.” According to a federally funded study published in the journal Nature earlier this year, CBD has potential to treat alcohol use disorder by reducing withdrawal symptoms and lowering the risk of relapse while also providing neuroprotective effects. The results of that study “underscore CBD’s potential therapeutic utility for alcohol use disorder (AUD) and provide mechanistic insights into its actions,” they noted. This also comes at a time when younger Americans are increasingly using cannabis-infused beverages as a substitute for alcohol—with one in three millennials and Gen Z workers choosing THC drinks over booze for after-work activities like happy hours, according to a new poll of 1,000 young professionals. The post Most People Who Drink THC-Infused Cannabis Beverages Reduce Their Use Of Alcohol, Survey Shows appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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Bipartisan Pennsylvania senators have introduced a bill that would allow terminally ill patients to use of medical marijuana in hospitals. Similar to a law previously enacted in California, the Pennsylvania legislation from Sen. John Kane (D) and 17 bipartisan cosponsors aims to ensure that cannabis patients with severe illnesses such as cancer retain access to regulated products as an alternative treatment option. “Hospitals are incredible places where patients receive top notch care,” Kane wrote in a cosponsorship memo in August. “They need guidance and legal protections to provide terminally ill patients with options to manage pain, while providing settings that support family and friends who are saying goodbye to a loved one.” The policy that’s being proposed in the bill filed on Friday is known as “Ryan’s law,” a reference to Ryan Bartell, a cancer patient who inspired the legislation. “During his treatments in California the hospital provided him with opioid medications that caused him to be sedated and unable to interact with family and friends,” Kane said. “Ryan and his family wanted to ensure that his remaining days could be filled with visits from his loved ones. So, Ryan moved to a hospital in the State of Washington where he used medical marijuana to manage his pain effectively and allow him to stay awake and alert to spend time with family and friends during hospital visits.” “Ryan’s law would allow terminally ill patients to use non-smoking forms of medical marijuana in Pennsylvania hospitals,” he said. “Right now, the use of medical marijuana in hospitals is a gray area due to marijuana being a Scheduled I Narcotic, while also being legal for medicinal purposes in Pennsylvania.” The four-page bill would amend the state’s existing medical cannabis law to make it so terminally ill patients can use non-smokeable marijuana products at hospitals, create storage requirements for the medicine and require health facilities to develop guidelines about the regulated use of cannabis for qualifying patients. It also stipulates that a “health care facility is not required to provide a patient with a recommendation to use medical marijuana in compliance with this act or include medical marijuana in a patient’s discharge plan.” Additionally, the measure says that, if the federal government initiates enforcement actions against a hospital regarding the cannabis policy or issues rules expressly prohibiting the medical marijuana allowance, the health facility is empowered to suspend the practice. However, the proposed law “shall not be construed to permit a health care facility to prohibit patient use of medical marijuana due solely to the fact that cannabis is a Schedule I drug under the Controlled Substances Act or other Federal constraints on the use of medical marijuana that were in existence prior to the effective date of this paragraph,” it says. “Please join me in cosponsoring this important bill that gives terminally ill patients a better way to receive compassionate care and to support the patient, their families and friends during extremely difficult times,” Kane said. Meanwhile, lawmakers continue to push for adult-use marijuana legalization in the commonwealth. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — A top aide to Pennsylvania’s governor said last month, however, that lawmakers should stop introducing new competing legalization bills and instead focus on building consensus on the issue—while emphasizing that any measure that advances needs to contain equity provisions if the governor is going to sign it into law. Sen. Dan Laughlin (R), who serves as chair of the Senate Law and Justice Committee, said in August that the House “needs to pass the language in my bill and send it to my committee” after which point he “can negotiate with the Senate and the governor.” The Democratic-controlled House, however, has already advanced a legalization proposal this session that called for a state-run sales model. That measure was quickly quashed in Laughlin’s Senate committee, however, with the GOP lawmaker and others insisting that a more traditional approach of licensing privates businesses would have a better shot. Laughlin separately said recently that supporters are “picking up votes” to enact the reform this session. Gov. Josh Shapiro (D), for his part, said last month that he won’t “concede” on his plan to legalize adult-use cannabis through the budget. Meanwhile, the leading Republican candidate in the race to become the next governor of Pennsylvania dodged a question about her stance on legalizing marijuana—saying she doesn’t have a “policy position” on the issue and arguing that the sitting governor’s proposal for reform “way, way overstated” potential revenue. The candidate, Pennsylvania Treasurer Stacy Garrity (R), pointed to neighboring Ohio, which launched its own adult-use cannabis market this year, saying “they generated about $115 million in revenue.” And while the populations of both states are relatively comparable, Shapiro’s budget projected $536.5 million in cannabis revenue in the first fiscal year of implementation. She did, however, say that if Pennsylvania moves forward on enacting the reform, she’ll “make sure that it’s banked appropriately.” Meanwhile, a Pennsylvania Democratic senator recently said that federal marijuana rescheduling—which President Donald Trump said he’d be making a decision on imminently—would be “very influential” in advancing legalization in his state, giving “political cover” to GOP members on the fence about reform. Sen. Sharif Street (D) discussed the status of cannabis legalization efforts in the Keystone State, including a bipartisan proposal to end prohibition that he filed alongside Laughlin in July. The legalization bill with a state-run sales model that passed the House isn’t necessarily dead for the session as a vehicle to advance reform, however. And Democrats in the chamber recently called on voters to pressure state senators to sign off on the cannabis measure, arguing that it would benefit health and safety and bring in billions of dollars in revenue for the commonwealth. Polls have shown bipartisan support for legalization among voters, but the reform has consistently stalled in the legislature, due largely to GOP opposition. But not all Republican members are against the policy change—and one recently said she felt her party should seize the “opportunity to snatch” the issue from Democrats. In addition to pushback from Senate Majority Leader Pittman, another Republican, Sen. Scott Martin, who chairs the influential Appropriations Committee, said earlier this month that he didn’t plan to move on any adult-use legalization bills. Separately, just days after Laughlin and Street filed their measure, Reps. Emily Kinkead (D) and Abby Major (R)—alongside eight other cosponsors—filed legislation in the House to enact the reform. The pair have previously championed other proposals to end prohibition. Laughlin and 16 other lawmakers also recently filed a separate bill to create a new regulatory body in the state that would begin overseeing medical cannabis while preparing to eventually handle the adult-use market as well. Separately, a recent poll found that Pennsylvania voters say they favor a model where cannabis is sold by licensed private businesses rather than through a system of state-run stores. Meanwhile, a Democratic lawmaker recently filed a bill that seeks to require employers to cover the costs of medical cannabis for qualifying patients receiving workers’ compensation. Photo courtesy of Mike Latimer. The post Terminally Ill Patients Would Be Able To Use Medical Marijuana In Pennsylvania Hospitals Under New Bipartisan Bill appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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A man who was prosecuted after admitting to lying about his marijuana use on a federal firearms purchasing form is now asking the U.S. Supreme Court to take up the matter as the justices are set to discuss several other cases on cannabis consumers’ gun rights later this week. In a petition filed with the court late last month, attorneys for Erik Harris said the government “did not allege or try to establish that Harris was intoxicated when he purchased the firearms or at any time while carrying firearms,” and that lower court rulings upholding the gun ban for cannabis users are “based on loose predictive judgments about their likelihood to pose a risk of danger if armed.” This is one of numerous cases before different courts concerning the § 922(g)(3) statute prohibiting unlawful users of controlled substances from owning or possessing firearms. Harris initially sought an appeal with the U.S. Court of Appeals for the Third Circuit, contending that his Second Amendment rights were unconstitutionally violated under that law. But the appeal was ultimately rejected, prompting him to pursue the case in the Supreme Court. “Taken to its logical conclusion, the majority’s view would sanction a law disarming the millions of ordinary Americans who regularly drink wine with dinner or enjoy a beer after work,” the petition said. “This Court’s intervention is needed.” It also notes that the Justice Department has recently requested that justices take up a separate “hand-picked” gun and marijuana case before them that has “highly unusual facts” that the government “evidently views as favorable to its position. The defendant in that case is not only a cannabis user but also a user of cocaine who’s sold drugs in the past, according to court findings, which could make him less sympathetic in the eyes of the court. “If the Court is going to review the question presented (and petitioner agrees that it should), then it would be better served by doing so in a case that cleanly presents an as-applied challenge by an individual who smoked marijuana recreationally and was not otherwise engaged in more serious, independent criminal conduct,” the new filing, which was first reported by Law360, states. “This petition not only presents such a case but also offers the Court the opportunity to decide whether § 922(g)(3) is unconstitutionally vague.” “The instant case allows the Court to focus directly on the government’s justification for disarming recreational marijuana users—a question of growing national importance, as roughly 74 percent of Americans live in states where marijuana is legal in some form,” it continues. The Supreme Court justices are set to discuss several pending cases on marijuana consumers’ Second Amendment rights at a closed-door meeting on Friday. The new petition to the high court comes as the Justice Department is separately asking it to dismiss one of multiple pending cases concerning marijuana and gun rights, in large part because it expects the justices to make a precedent-setting ruling on the issue. In August, the Tenth Circuit ruled that the government must prove that people who use marijuana “pose a risk of future danger” if it wants to justify applying a law banning cannabis consumers from owning firearms. The Justice Department appealed that ruling in 2023, sending it to the Tenth Circuit. That three-judge panel said in a recent filing that they “agree with much of the district court’s analysis” of the legal considerations, including its challenge to the federal government’s claims that there is historically analogous precedent substantiating the firearm ban for cannabis consumers. Part of DOJ’s argument was that the ban is historically consistent with prohibitions on gun ownership by people with mental illness. The appeals court said “the government cannot justify” the current policy based on that standard. The lower court largely based his initial decision on an interpretation of a Supreme Court ruling in which the justices generally created a higher standard for policies that seek to impose restrictions on gun rights. The ruling states that any such restrictions must be consistent with the historical context of the Second Amendment’s original 1791 ratification. The historical analogues that the Justice Department relied on to make the case that the ban is consistent included references to antiquated case law preventing Catholics, loyalists, slaves and Indians from having guns. The circuit court, for its part, said that “the government must show non-intoxicated marijuana users pose a risk of future danger” to support the current policy. “This inquiry, which may involve fact finding, is best suited for the district court.” This opinion comes nearly a year after the Tenth Circuit heard oral arguments in the case, with judges questioning not only the firearms prohibition itself but also whether it was within the scope of the appeals panel’s power to review the underlying lower court’s decision. Ultimately, they determined that they did possess that authority. Meanwhile, in the U.S. Court of Appeals for the Eleventh District, judges recently ruled in favor of medical cannabis patients who want to exercise their Second Amendment rights to possess firearms. As a recent report from the Congressional Research Service (CRS) explained the current legal landscape, a growing number of federal courts are now “finding constitutional problems in the application of at least some parts” of the firearms prohibition. In a July ruling, for instance, a three-judge panel for the U.S. Court of Appeals for the Eighth Circuit vacated a defendant’s conviction and remanded the case back to a district court, noting that a retrial before a jury may be necessary to determine whether cannabis in fact caused the defendant to be dangerous or pose a credible threat to others. By contrast, the Third Circuit last month said in a published opinion that district courts must make “individualized judgments” to determine whether 922(g)(3) is constitutional as applied to particular defendants. The appeals panel ruled that while a person “need not have harmed someone, threatened harm, or otherwise acted dangerously to justify his disarmament,” the history of gun laws in the country requires that “district courts must make individualized judgments and conclude that disarming a drug user is needed to address a risk that he would pose a physical danger to others.” Judges in that case noted that historical restrictions on gun ownership under “drunkenness and lunacy laws” in the U.S. “were still always based on an ‘individualized assessment’ rather than a categorical judgment.” Earlier this year, a federal judge in Rhode Island ruled that the ban was unconstitutional as applied to two defendants, writing that the government failed to establish that the “sweeping” prohibition against gun ownership by marijuana users was grounded in historical precedent. A federal judge in El Paso separately ruled late last year that the government’s ongoing ban on gun ownership by habitual marijuana users is unconstitutional in the case of a defendant who earlier pleaded guilty to the criminal charge. The court allowed the man to withdraw the plea and ordered that the indictment against him be dismissed. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Meanwhile, at an NRA conference in 2023, Trump suggested there might be a link between the use of “genetically engineered” marijuana and mass shootings. He listed a number of controversial and unproven factors that he said at the time he would direct the Food and Drug Administration (FDA) to investigate as possibly causing the ongoing scourge of mass shooting afflicting the country. “We have to look at whether common psychiatric drugs, as well as genetically engineered cannabis and other narcotics, are causing psychotic breaks” that lead to gun violence, he said. Last year, then-President Joe Biden’s son Hunter was convicted by a federal jury of violating statute by buying and possessing a gun while an active user of crack cocaine. Two Republican congressmen challenged the basis of that conviction, with one pointing out that there are “millions of marijuana users” who own guns but should not be prosecuted. The situation has caused confusion among medical marijuana patients, state lawmakers and advocacy groups, among others. The NRA’s lobbying arm said recently that the court rulings on the cannabis and guns issue have “led to a confusing regulatory landscape” that have impacted Americans’ 2nd Amendment rights. Meanwhile, some states have passed their own laws either further restricting or attempting to preserve gun rights as they relate to marijuana. Recently a Pennsylvania lawmaker introduced a bill meant to remove state barriers to medical marijuana patients carrying firearms. Colorado activists also attempted to qualify an initiative for November’s ballot that would have protected the Second Amendment rights of marijuana consumers in that state, but the campaign’s signature-gathering drive ultimately fell short. As 2024 drew to a close, the ATF issued a warning to Kentucky residents that, if they choose to participate in the state’s medical marijuana program that’s set to launch imminently, they will be prohibited from buying or possessing firearms under federal law. Since then, bipartisan state lawmakers have introduced legislation that would urge Kentucky’s representatives in Congress to amend federal law to clarify that users of medical marijuana may legally possess firearms, though no action has since been taken on that bill. Kentucky Gov. Andy Beshear (D) said in January that he supported the legislature’s effort to urge the state’s congressional delegation to call for federal reforms to protect the 2nd Amendment rights of medical marijuana patients, but the governor added that he’d like to see even more sweeping change on the federal level. The post Supreme Court Asked To Take Up Case Of Man Prosecuted For Lying About Marijuana Use While Buying Guns appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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