420 with CNW — Another Federal Court Says Bannin
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Posted On: 04/21/2023 2:32:07 AM
420 with CNW — Another Federal Court Says Banning Cannabis Users from Owning Guns Is Unconstitutional
A federal judge has found that it is unlawful to prohibit marijuana users from owning or selling firearms. Paola Connelly, who lives in El Paso, Texas, was found guilty of distinct offenses for having and moving a gun in 2021 while accepting that she was a marijuana consumer; she was cleared after the United States Federal Court for the Texas West District agreed to review the case.
A recent decision by the United States Appeals Court for the 5th Circuit forced a re-evaluation after the court had earlier given the conviction. The decision centered on an earlier ruling established by the Supreme Court of the United States, which held that any constraints on firearms must be in keeping with the past background of the second amendment’s initial enactment in 1791. Numerous objections to the prohibition of guns for cannabis consumers have their roots in the Supreme Court’s decision.
Judge Cardone Kathleen rejected the DOJ’s efforts to draw parallels between the prohibition of cannabis and statutes prohibiting the use of firearms while inebriated and the consumption of marijuana by those who are regarded as “unvirtuous.”
The court stated that since merely possessing marijuana would only constitute a minor offense under the law of the United States, “any past custom of disarming ‘unlawful’ persons is incompatible with disarming Connelly for purported marijuana use.” The court emphasized that the person in question had not previously been charged with a marijuana-related violation, undermining the DOJ’s argument for the charges. She merely acknowledged smoking cannabis to relieve anxiety and help her sleep.
The decision has brought attention to how federal cannabis law has changed and how it may be affecting these weapons cases. Due to Michigan’s marijuana laws allowing “habitual cannabis users” and other prohibited people to obtain guns illegally, the ATF released guidance in 2020 that mandates gun vendors to run federal background investigations on all unregistered gun buyers.
Congressmen and state legislators are aggressively investigating how the use of firearms affects cannabis regulation. For instance, lawmakers in Arkansas recently sent an initiative to the governor’s office that aims to make it clear that people who use medical cannabis can obtain concealed carry permits for weapons. A Republican Pennsylvania senator reportedly urged authorities to take action to remove state restrictions on the ownership of firearms for marijuana consumers, especially medical cannabis patients, given the significance of the federal court’s finding in February that the federal ban is unlawful.
For patients who will have the chance to use marijuana-based formulations from companies such as IGC Pharma Inc. (NYSE American: IGC) once they gain regulatory approval, no such concerns about gun ownership rights will arise since those patients will be using a federally approved medicine.
NOTE TO INVESTORS: The latest news and updates relating to IGC Pharma Inc. (NYSE American: IGC) are available in the company’s newsroom at https://cnw.fm/IGC
Please see full terms of use and disclaimers on the CannabisNewsWire website applicable to all content provided by CNW420, wherever published or re-published: http://CNW.fm/Disclaimer
A federal judge has found that it is unlawful to prohibit marijuana users from owning or selling firearms. Paola Connelly, who lives in El Paso, Texas, was found guilty of distinct offenses for having and moving a gun in 2021 while accepting that she was a marijuana consumer; she was cleared after the United States Federal Court for the Texas West District agreed to review the case.
A recent decision by the United States Appeals Court for the 5th Circuit forced a re-evaluation after the court had earlier given the conviction. The decision centered on an earlier ruling established by the Supreme Court of the United States, which held that any constraints on firearms must be in keeping with the past background of the second amendment’s initial enactment in 1791. Numerous objections to the prohibition of guns for cannabis consumers have their roots in the Supreme Court’s decision.
Judge Cardone Kathleen rejected the DOJ’s efforts to draw parallels between the prohibition of cannabis and statutes prohibiting the use of firearms while inebriated and the consumption of marijuana by those who are regarded as “unvirtuous.”
The court stated that since merely possessing marijuana would only constitute a minor offense under the law of the United States, “any past custom of disarming ‘unlawful’ persons is incompatible with disarming Connelly for purported marijuana use.” The court emphasized that the person in question had not previously been charged with a marijuana-related violation, undermining the DOJ’s argument for the charges. She merely acknowledged smoking cannabis to relieve anxiety and help her sleep.
The decision has brought attention to how federal cannabis law has changed and how it may be affecting these weapons cases. Due to Michigan’s marijuana laws allowing “habitual cannabis users” and other prohibited people to obtain guns illegally, the ATF released guidance in 2020 that mandates gun vendors to run federal background investigations on all unregistered gun buyers.
Congressmen and state legislators are aggressively investigating how the use of firearms affects cannabis regulation. For instance, lawmakers in Arkansas recently sent an initiative to the governor’s office that aims to make it clear that people who use medical cannabis can obtain concealed carry permits for weapons. A Republican Pennsylvania senator reportedly urged authorities to take action to remove state restrictions on the ownership of firearms for marijuana consumers, especially medical cannabis patients, given the significance of the federal court’s finding in February that the federal ban is unlawful.
For patients who will have the chance to use marijuana-based formulations from companies such as IGC Pharma Inc. (NYSE American: IGC) once they gain regulatory approval, no such concerns about gun ownership rights will arise since those patients will be using a federally approved medicine.
NOTE TO INVESTORS: The latest news and updates relating to IGC Pharma Inc. (NYSE American: IGC) are available in the company’s newsroom at https://cnw.fm/IGC
Please see full terms of use and disclaimers on the CannabisNewsWire website applicable to all content provided by CNW420, wherever published or re-published: http://CNW.fm/Disclaimer
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