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The Justice Department argues the law is constitutional, but acknowledges potential exceptions for certain low-risk individuals.
Published on Feb. 24, 2026
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The U.S. Justice Department is defending the federal law prohibiting people who use marijuana from owning or possessing firearms, arguing it is consistent with historical precedent. However, the DOJ acknowledged that the law may not apply to a ‘frail and elderly grandmother’ who uses medical cannabis and keeps a gun for protection.
This case highlights the ongoing legal debate over the intersection of gun rights and marijuana use. The DOJ’s defense of the federal ban, while suggesting potential exceptions, reflects the complex and evolving landscape around these issues.
In a brief filed with the U.S. Court of Appeals for the Eighth Circuit, the DOJ argued that disarming people who use marijuana does not violate the Second Amendment. The department cited historical precedent for restricting gun ownership by the mentally ill and ‘habitual drunkards.’ However, the DOJ acknowledged that the law may not apply to a ‘frail and elderly grandmother’ who uses medical cannabis, suggesting potential as-applied challenges to the ban.
The federal agency defending the law prohibiting people who use marijuana from owning or possessing firearms.
The court that will consider the DOJ’s arguments in the Baxter case.
A defendant in Oklahoma who was charged in 2022 after police discovered cannabis and a handgun in his vehicle during a traffic stop. A federal district court dismissed the indictment, finding the current statute banning ‘unlawful’ users of marijuana from possessing firearms violates the Second Amendment.
The U.S. Court of Appeals for the Eighth Circuit will consider the DOJ’s arguments in the Baxter case. Meanwhile, the U.S. Supreme Court is scheduled to hear oral arguments in a separate case challenging the constitutionality of the federal gun ban for cannabis consumers on March 2.
This case highlights the ongoing legal debate over the intersection of gun rights and marijuana use, with the DOJ defending the federal ban while acknowledging potential exceptions for certain low-risk individuals. The outcome could have significant implications for the rights of cannabis consumers.
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