Tag: legalized marijuana

Supreme Court Upholds Marijuana Users’ Gun Rights, Rejecting Trump DOJ Arguments In Major Second Amendment Case

The U.S. Supreme Court has unanimously sided with a man who was prosecuted for possessing a gun while being a regular consumer of marijuana, ruling that the government’s actions violate the Second Amendment.

The opinion authored by Justice Neil Gorsuch is narrow in scope and does not entirely strike down the federal law known as 922(g)(3) that prohibits people who illegally consume controlled substances from possessing or purchasing firearms.

But it does say that as applied to the man in the current case, Ali Danial Hemani, it is unconstitutional to automatically bar people from lawful gun ownership just because they happen to use marijuana occasionally.

It also says that the broad ban and the government’s effort to defend it are “at odds with” the Trump administration’s move to federally reschedule cannabis.

The government “asks us to conclude that anyone who regularly uses marijuana is categorically violent and dangerous without any further showing,” the opinion says. “All based on little more than its current say-so, one at odds with its own regulatory actions. And affording the government that kind of ‘broad power to designate any group as dangerous and thereby disqualify its members from having a gun’ would risk allowing it to ‘quickly swallow’ the Second Amendment.”

The court’s opinion in U.S. vs. Hemani does not address “efforts to ban addicts, or those presently intoxicated, from possessing a firearm,” it says. “We do not address other prophylactic laws Congress might adopt after determining that users of a particular drug pose a special risk of misusing firearms. We do not address 18 U. S. C. §922(g)(1)’s provision disarming individuals convicted of felonies (often including drug-related ones).”

“We do not even address whether the government could bring a prosecution under §922(g)(3) accompanied by individualized proof that the defendant’s use of marijuana (or any other drug) renders him a danger to himself or others. Or proof that a certain drug always renders its users dangerous because of its potency or for some other reason. None of those issues is before us and we do not pass on them either way.”

“All that is before us is one, if surely ambitious, theory. The government maintains that it may automatically strip Mr. Hemani of his Second Amendment right to possess a firearm because he uses marijuana a few times a week,” Gorsuch wrote. “More than that, because he possessed a gun despite this prohibition, the government insists it may imprison him for up to 15 years and disarm him for life.”

“According to the government, none of this turns on how much marijuana Mr. Hemani uses or what effect it has on him. It makes no difference either if he keeps a firearm only in his home for selfdefense, never misuses a gun while intoxicated, and never poses a danger to himself or others as a result of his marijuana use. The only thing the government must show, it says, is that an individual like Mr. Hemani regularly uses any amount of any controlled substance.”

The court’s opinion details recent large-scale federal policy changes concerning marijuana, and how they undermine the broad statute seeking to strip cannabis consumers of their Second Amendment rights.

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California GOP Senator Suggests Putting Marijuana Back On The Ballot To ‘Reverse’ Legalization

A California Republican senator says it is time to have a “serious discussion” about putting a measure on the ballot to potentially “reverse” legalization of marijuana in the state—also raising concerns about President Donald Trump’s move to reschedule cannabis at the federal level.

“I think it’s time to assess the effects, the significant unintended consequences of the legalization of marijuana, which has not just happened in California, but in other states too,” Sen. Roger Niello (R) said at a hearing of the Senate Business, Professions and Economic Development Committee last week.

“Now we can’t change it without going back to the people, but I think we should have a serious discussion, a serious analysis of the obvious…unintended negative consequences I don’t think that the writers of the proposition cared about,” he said as first reported by State Affairs, referring to the cannabis legalization ballot initiative that California voters approved in 2016. “I think these could have been predicted. They just wanted recreational use to be legalized.”

Niello raised concerns that “we’re even seeing our current president now advocating that by downplaying the classification of marijuana at the federal level.”

“We have seen significant negative consequences of this legalization, both here as well as in other states,” the senator, who was speaking at a hearing at which lawmakers approved a bill to legalize marijuana dispensary drive-thru windows in California, said. “I think it’s time for us to have a serious analysis of that, and whether or not we want to develop a proposition to go back to the voters and either reverse it or somehow reform it so that we don’t continually deal with the problems that we do.”

“I oppose the legalization of marijuana,” he said, citing data about cannabis use by young people and an alleged link to mental health problems and claiming that the 2016 reform was “written to please everybody” which resulted in a “dysfunctional policy that is bound for unintended consequences.”

Elsewhere in the U.S., marijuana legalization opponents are currently collecting signatures to put measures to roll back the reform in Maine and Massachusetts—though those anti-cannabis campaigns have faced accusations of misleading petitioning tactics.

A separate anti-marijuana effort in Arizona for a similar measure was dropped after its lead organizer said his initial concerns about the legal cannabis industry were misplaced.

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Drug Testing Industry And Pharmaceutical Company Ask Court To Pause Trump’s Marijuana Rescheduling Move

An industry association that represents drug testing companies and a cannabis-focused biopharmaceutical corporation are asking a federal appeals court to block the Trump administration from moving forward with federal marijuana rescheduling while ongoing litigation challenging the reform is considered—claiming that cannabis is a “dangerous drug that destroys lives.”

The National Drug and Alcohol Screening Association (NDASA), along with MMJ International Holdings and its subsidiaries, argue in the new filing on Tuesday that the cannabis rescheduling move is “a brazen agency overreach in which the Acting Attorney General ignored restrictions on his authority set by Congress—and a binding decision of this Court—to carry out one of the most sweeping reductions in restrictions on a dangerous narcotic in the history of the Controlled Substances Act (CSA).”

“Nearly fifty years ago, this Court held that the Attorney General lacks authority to unilaterally decide how marijuana ought to be restricted—that is, which Schedule it should be placed under—pursuant to the CSA. The Court explained that Congress constrained the Attorney General’s authority by requiring him both to secure recommendations from the Secretary of Health and Human Services (HHS) and to make detailed findings through a formal rulemaking on the record. While the CSA contains a limited bypass of those procedures to allow the Attorney General to ensure that the U.S. complies with certain treaties…this Court made clear that the bypass cannot be invoked when the Attorney General is simply deciding to move a drug between two Schedules under the CSA, either of which would comply with treaty obligations.”

“The Department of Justice complied with this Court’s construction of the CSA for over four decades—until now,” the joint motion for a stay pending review that was filed before the U.S. Court of Appeals for the District of Columbia Circuit argues.

While HHS had issued a recommendation to reschedule marijuana during the Biden administration, the recent move by the Trump Department of Justice canceled ongoing proceedings related to that proposal and issued a new final rule.

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Anti-Marijuana Ballot Campaigns In Maine And Massachusetts Accused Of ‘Fraudulent’ And ‘Misleading’ Petitioning Tactics

Campaigns that are working to put measures to roll back marijuana legalization on the ballot in two states are facing accusations of “fraudulent” and “misleading” signature gathering tactics—and not for the first time.

Now, however, new social media posts from both states appear to show signature collectors for each measure arguing that people who support legal cannabis access should sign the petitions in order to advance or protect marijuana reform.

A video posted to Reddit of a signature gatherer for the Massachusetts proposal—which would repeal state laws allowing the regulated commercial sales of recreational marijuana while maintaining legal possession and continuing the medical cannabis system—shows the man collecting signatures outside a supermarket next to a sign that says “keep cannabis legal.”

When confronted by a marijuana reform supporter who recorded the petitioner’s interactions with voters, he appeared to be trying to convince them that it is important to qualify the anti-cannabis measure for the ballot in order to then defeat it.

“This is what we’re fighting against right here. That’s why we vote no,” he said. “If we can get this to the ballot right here, we vote no.”

The person who captured the video pointed out that Massachusetts voters already approved marijuana legalization years ago, and that the only way it could be imminently repealed is if the new ballot measure qualified for the November election. If the initiative does not get enough signatures to go before voters, the state’s laws will remain the same.

“It’s my job,” the petitioner insisted, however. “I know what I’m talking about.”

“It’s a group of rich folks from out of state that want to basically take marijuana to when it was a medical marijuana card,” he said. “We don’t want that to happen.”

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California Marijuana Regulators Unveil New AI Tool To Prevent Product Packaging That May Appeal To Kids

California cannabis regulators are rolling out a new AI tool to help businesses identify marijuana product packaging may appeal to kids in violation of state rules.

The Department of Cannabis Control (DCC) on Monday announced that licensees can now utilize a Cannabis Product Image Analyzer (CPIA) that was developed to aid in preventing the market launch of potentially problematic packaging that violates state statute by enticing minors.

Marijuana business licensees can “simply snap a photo using their smart phone or mobile device, screenshot or any other supported file format and upload to the CPIA tool,” DCC said. “The image will be analyzed and provide a summary of its findings.”

DCC said it won’t retain images uploaded to the CPIA database, or the summaries of findings that it produces. Rather, the goal is to “assist licensees in their independent evaluation of whether packaging or labeling may be attractive to children.”

That includes packaging and labels that depict:

  • Images of minors or anyone under 21 years of age
  • Cartoons
  • A likeness to images, characters, or phrases that are popularly used to advertise to children
  • Images that are any imitation of candy packaging or labeling and
  • Images with the terms “candy” or “candies” or variants in spelling such as “kandy” or “kandeez”

“The CPIA uses artificial intelligence technology to review images submitted by a user to identify issues that may indicate attractiveness to children for further evaluation,” DCC said in a notice. “The CPIA may not identify all concerns an image may present, or that the Department may find attractive to children.”

Regulators stressed that licensees should not “rely on the CPIA’s output, as it does not establish definitively whether advertising or marketing violates” state rules. And if the tool finds that an uploaded image is likely compliant, that alone “does not preclude a finding by the Department or a factfinder in a disciplinary or administrative action from determining the uploaded image violates the regulation.”

“Because artificial intelligence systems evolve, update, or produce variable outputs, the CPIA’s evaluation may change from day to day, even when reviewing the same image. The quality, clarity, angle, lighting, or completeness of an image uploaded by a user may affect the CPIA’s review and assessment. Users are solely responsible for ensuring uploaded images accurately depict the product’s labeling.”

Cannabis licensees are being encouraged to provide feedback on the AI tool through an online survey.

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Legal Marijuana States Are Moving To Increase Possession Limits, Allowing Consumers To Carry More Cannabis Without Fear Of Criminalization

Lawmakers in at least three states have passed legislation this year to significantly increase the amount of marijuana that adults can legally possess.

These expansions of existing state cannabis legalization laws are advancing as part of broader legislation that addresses various aspects of marijuana regulatory programs that will change how licensed businesses operate within their markets.

But for everyday consumers, the possession limit increases mean they will be able to buy more marijuana when they go to the store and will be protected from potential criminal penalties for carrying certain amounts of cannabis.

Illinois lawmakers this month, for example, passed omnibus cannabis legislation that would allow residents of the state who are over 21 years of age to possess up to 60 grams of marijuana flower—double the amount in current law. They will also be able to have up to 10 grams of cannabis concentrates and infused products with up to 1,000 mg of THC—also double the current limit.

Possession amounts for adult non-residents would also be doubled under the bill.

Aside from numerous other proposed changes to rules for marijuana and hemp businesses that are included in the legislation, SB 3222 would also allow people with convictions for possession of up to 60 grams of marijuana to have those records expunged—double the current cutoff allowing only those with convictions for up to 30 grams to be eligible.

The bill cleared the Senate and House of Representatives and now awaits action from Gov. JB Pritzker (D), who in 2019 signed the state’s marijuana legalization policy into law.

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Federal Marijuana Prosecutions Hit Another Record Low In 2025 As State Legalization Expands, Government Report Shows

Federal marijuana trafficking cases fell to another record-low in 2025, with a new report from the U.S. Sentencing Commission (USSC) revealing a continued trend amid the expanding state-level reform movement that has given consumers more places to buy legal cannabis.

A recently published USSC fact sheet on drug prosecution trends shows just 383 federal cannabis trafficking cases in the last fiscal year. That marks a decline from the 471 cases reported in 2024.

More broadly, USSC said, marijuana trafficking prosecutions have dropped 62 percent from fiscal year 2021 to 2025.

Shifting federal priorities, which seem to have coincided with state-level marijuana reform efforts, have gradually pushed cannabis near the bottom of the list of drug trafficking cases.

The 383 cases from last year stands in stark contrast to the nearly 3,500 cannabis trafficking cases that were reported in 2015. Just two years before that, in 2013, the marijuana prosecutions amounted to approximately 5,000.

Colorado and Washington State became the first two states to approve recreational marijuana legalization in 2012.

Methamphetamine trafficking cases have dominated the list over the past decade, the USSC document published last month shows. In 2024, cases targeting fentanyl took over as the second most common drug trafficking target, followed by crack cocaine and powder cocaine. The number of heroin trafficking cases (356) was marginally lower than marijuana last year.

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Feds Would Develop ‘Impairment Standards’ For Marijuana And Other Drugs Under New Bipartisan Transportation Bill In Congress

Bipartisan leaders of a key House committee have released the text of transportation legislation containing provisions to require federal officials to study the issue of driving of driving under the influence of marijuana and other drugs and propose “evidence-based impairment standards.”

Reps. Sam Graves (R-MO) and Rick Larsen (D-WA), who are, respectively, the chair and ranking member of the House Transportation and Infrastructure Committee, announced the new bill on Sunday.

The 1,005-page “Building Unrivaled Infrastructure and Long-term Development (BUILD) for America’s 250th Act” covers broad areas of transportation, including roads, bridges, rail and highway programs.

The proposal’s section on drug issues would require the secretary of transportation to collaborate with the heads of other relevant federal agencies to “study the effect that marijuana and polysubstance impairment has on driving” and to analyze measures for detecting and reducing impaired driving.

The federal officials would then need to “propose evidence-based impairment standards for marijuana or polysubstance use,” and the transportation secretary would need to provide Congress with a report describing progress on the effort.

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Colombian Lawmakers Approve Bill To Legalize Marijuana

Lawmakers in Colombia have advanced a bill to legalize marijuana through its first step in the legislative process.

The First Committee of the House of Representatives approved the measure from Rep. Alejandro Ocampo on Tuesday, sending it to the full chamber for consideration. If approved there, the legislation would then go to the Senate for two additional votes.

“We just approved the regulation of cannabis in the first debate. It’s time to regulate. We’re going to regulate everything from seed to finished product,” Ocampo said in a social media post. “We’re going to keep marijuana off the streets so that it can only be sold in places where you have to show your ID, have a permit, and have a license.”

The bill will “help homeless people, help farmers and indigenous and Afro-Colombian communities who have lived with this plant for many years,” he said.

Colombian lawmakers have considered cannabis legalization legislation over multiple recent sessions, with one such proposal to insert the reform into the nation’s constitution falling short at the final stage of the process in 2023.

A separate bill to legalize marijuana advanced through the first stage of the process last year, but then stalled.

President Gustavo Petro, for his part, is supportive of legalizing cannabis—and he’s put pressure on legislators to advance the reform. He said in late 2023 that lawmakers who voted to shelve a legalization bill that year only helped to perpetuate illegal drug trafficking and the violence associated with the unregulated trade.

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