Federal Judge in Oklahoma Declares Gun Ban on Cannabis Users is Unconstitutional

February 7, 2023 · Cannabis.net

A federal law that bars individuals who use marijuana from owning firearms has been declared unconstitutional by a federal judge in Oklahoma. Judge Patrick Wyrick, an appointee of former President Donald Trump, ruled in favor of a man who was charged in August for violating the ban, stating that it infringed upon his Second Amendment right to bear arms.

Wyrick emphasized that while the government can prevent dangerous individuals from possessing firearms, it cannot restrict someone’s fundamental right based solely on their status as a marijuana user. He also pointed out that in Oklahoma and several other states, the drug is legal for medical purposes.

In his ruling, Wyrick stated that the use of marijuana does not reflect any violent or threatening behavior and does not align with the nation’s historical regulations on firearms. The public defender representing the defendant, Laura Deskin, hailed the decision as a positive step towards granting more Americans the right to bear arms.

The U.S. Department of Justice has yet to comment on the decision, but it is expected to appeal. This ruling follows the June ruling by the U.S. Supreme Court’s conservative majority, which declared that the Second Amendment protects a person’s right to carry a handgun in public for self-defense. This new test for firearms laws has been cited by other courts in declaring similar regulations unconstitutional. The 5th U.S. Circuit Court of Appeals also declared a federal law that restricts individuals under domestic violence restraining orders from owning firearms unconstitutional on Thursday.

This means that we’re one step closer to the ideal; “I’d like to have my gay-married friends to defend their marijuana plants with guns…”

This “joke statement” rings true with the anarchist or libertarian approach to governance where the individual has the highest authority over their mind and bodies.

Of course, the State is probably going to appeal…however, every time that there is a legal victory of the sorts, we’re coming closer to the day when we can drive in the final nail in  the coffin of the War on Drugs.

I thought 10-years ago that I’d be done writing about this topic…it turns out that in 2023…the war on drugs is still as real as ever!

However, it’s good news folks! We’re making strides and while it sometimes feels all a bit overwhelming…cannabis will eventually escape the clenches of prohibition…and society would be better for it.

The road to legalization may be long, but every victory is a step forward, and we must continue to fight for the rights of individuals and their right to use marijuana without fear of losing other rights and freedoms. The War on Drugs may not be over yet, but the tide is turning, and the future looks brighter. (Full Story)

In category:Legal
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