PHOENIX (AZFamily) — The U.S. Supreme Court is deciding a case that could impact gun owners in Arizona who smoke marijuana.
The case centers around whether gun owners found with marijuana should be charged. The justices heard arguments last month.
Arizona is one of 24 states where recreational marijuana is legal, but it’s still illegal at the federal level.
The Supreme Court case would decide whether it’s a violation of the Second Amendment to ban an addict of a controlled substance or someone using it illegally from owning a gun.
“The idea is to keep addicts from having guns. That’s the idea of the statute,” said Robert McWhirter, a constitutional lawyer.
People must fill out a seven-page form from the ATF before buying a firearm. Included on the second page is the question: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
There’s also a warning that marijuana remains unlawful under Federal law.
If someone checks yes, they can’t legally buy a gun. If they lie, they could face a felony charge.
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“Why should government be engaged in deciding who gets what rights?” said Charles Heller, co-founder of the Arizona Citizens Defense League.
Heller says the position of the AZCDL is to obey the law and hopes to have the law be reasonable and just.
“I mean, if you’re so disabled that you make yourself incompetent, that’s a metric. Other than that, I think the government ought to concentrate on bad behavior rather than who gets high and has a gun. That’s not necessarily AZCDL’s position, but it’s certainly mine,” Heller said.
The case before the court originated in Texas. Prosecutors there charged a man named Ali Danial Hemani with a felony after he admitted to being a marijuana user while owning a gun.
“I don’t think they quite realize what today’s marijuana is,” said Kevin Sabet, CEO of Smart Approaches to Marijuana.
SAM submitted an amicus brief to the Supreme Court in this case, arguing for the justices to affirm the prohibition of unlawful drug users owning firearms. Sabet says arming marijuana users puts public safety at risk.
“It’s illegal in the United States. And Arizona and the 20 other states that violate that federal law are doing so every day when they issue marijuana licenses and sell marijuana,” Sabet said.
Two lower courts sided with the Texas man, ruling he wasn’t under the influence when police found the gun.
The Supreme Court is expected to make its ruling on the case by the end of June.
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