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Federal Appeals Court Gives Medical Marijuana Patients Who Want To Own Guns A Win

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As the U.S. Supreme Court considers a series of cases challenging the current ban on gun ownership by people who use marijuana, another federal appeals court has ruled in favor of medical cannabis patients who want to exercise their Second Amendment rights to possess firearms.

A three-judge panel of the U.S. Court of Appeals for the Eleventh District, in a opinion authored by Judge Elizabeth Branch, departed from the ruling of a district could that upheld the federal statute, Section 922(g)(3), that precludes any “unlawful users” of controlled substances from owning or purchasing firearms.

While the Justice Department has repeatedly argued that people who use cannabis, in compliance with state law, are uniquely dangerous—and that there are historical analogues in U.S. gun laws that justify the ban—the appeals court disagreed, vacated the prior ruling and remanded the case back to a lower court.

The federal government’s “allegations in the operative complaint do not lead to the inference that the plaintiffs are comparatively similar to either felons or dangerous individuals.”

The plaintiffs in the years-long case are Vera Cooper and Nicole Hansell, who are registered medical cannabis patients denied gun purchases over their admission to participating in the program, and Neill Franklin, a former police officer who wants to access medical marijuana without jeopardizing his right to own a firearm.

Former Florida Agriculture Commissioner Nikki Fried (D) initially led the suit against the federal government, but she was removed from the case after leaving her state office. The Republican commissioner who replaced her declined to become involved in the legal proceedings.

One of the most controversial aspects of the many active firearms and marijuana cases deals with a U.S. Supreme Court ruling in 2022 where justices generally created a higher standard for policies that seek to impose restrictions on gun rights. The ruling states that any such restrictions must be consistent with the historical context of the Second Amendment’s original 1791 ratification.

To that end, the Justice Department has argued that the two medical cannabis patients in the Florida case should be deprived of their gun rights due to their alleged felonious activity and dangerousness.

After reviewing the district court ruling on appeal, the Eleventh Circuit said “nothing in the [complaint] indicates that [plaintiffs] have committed any felony or been convicted of any crime (felony or misdemeanor), let alone that their medical marijuana use makes them dangerous.”

“Thus, the government failed to meet its burden—at the motion to dismiss stage—to establish that disarming medical marijuana users is consistent with this Nation’s history and tradition of firearm regulation,” the opinion says.

“Nothing in the [complaint] indicates that Cooper and Hansell are engaged in any drug market aside from the Florida medical marijuana market, which is highly regulated and requires dispensaries to comply with State law as enforced by the Florida Department of Agriculture and Consumer Services. Nor is there any indication in the [complaint] that Cooper and Hansell ‘pose a credible threat’ to the public safety of others based solely on their use of medical marijuana.”

The judges also noted that the new opinion “comports with sister circuit precedent, U.S. v. Connelly. In that case, the court ruled that the government failed to demonstrate that lawful restrictions on gun ownership by domestic abusers or the mentally ill were sufficiently similar to its law against firearm possession by drug users.

The Eleventh Circuit’s ruling comes about two weeks after the Trump administration asked the U.S. Supreme Court to take up a specific case on the federal government’s ban on users of marijuana and other illegal drugs from owning firearms and uphold the prohibition, arguing that it’s consistent with the 2nd Amendment.

To that end, the DOJ solicitor general is urging SCOTUS to hear one of five relevant cases to resolve conflicting lower court decisions on gun rights for cannabis consumers.

In the request, the solicitor general reiterated his position that, despite recent appeals court decisions calling into question the constitutionality of the firearms ban for people who use cannabis—even in compliance with state law—the restriction is nevertheless lawful.

The nine justices were set to privately discuss whether to take up the case requested by DOJ, as well as three other cannabis and gun rights cases, in a private meeting next month—but the dockets for the cases now say the matter has been “rescheduled,” though a new date has not yet been announced.

A number of federal courts in recent months have cast doubt on the legality of 922(g)(3), finding generally that while the ban on gun ownership among drug users may not be entirely unconstitutional, there’s scant historical precedent for such a broad restriction of Second Amendment rights on an entire a category of people.

As a recent report from the Congressional Research Service (CRS) explained the current legal landscape, a growing number of federal courts are now “finding constitutional problems in the application of at least some parts” of the firearms prohibition.

In a ruling last month, for instance, a three-judge panel for the U.S. Court of Appeals for the Eighth Circuit vacated a defendant’s conviction and remanded the case back to a district court, noting that a retrial before a jury may be necessary to determine whether cannabis in fact caused the defendant to be dangerous or pose a credible threat to others.

The new Eighth Circuit opinion appears to differ from a recent Third Circuit ruling in that the new decision says that not every application of 922(g)(3) “require[s] an individualized factual determination,” explaining that such determinations wouldn’t be necessary if the government could demonstrate that a particular drug made an entire class of users dangerous.

By contrast, the Third Circuit earlier this month said in a published opinion that district courts must make “individualized judgments” to determine whether 922(g)(3) is constitutional as applied to particular defendants.

The appeals panel ruled that while a person “need not have harmed someone, threatened harm, or otherwise acted dangerously to justify his disarmament,” the history of gun laws in the country requires that “district courts must make individualized judgments and conclude that disarming a drug user is needed to address a risk that he would pose a physical danger to others.”

Judges in that case noted that historical restrictions on gun ownership under “drunkenness and lunacy laws” in the U.S. “were still always based on an ‘individualized assessment’ rather than a categorical judgment.”

Earlier this year, a federal judge in Rhode Island ruled that the ban was unconstitutional as applied to two defendants, writing that the government failed to establish that the “sweeping” prohibition against gun ownership by marijuana users was grounded in historical precedent.

A federal judge in El Paso separately ruled late last year that the government’s ongoing ban on gun ownership by habitual marijuana users is unconstitutional in the case of a defendant who earlier pleaded guilty to the criminal charge. The court allowed the man to withdraw the plea and ordered that the indictment against him be dismissed.

Another panel of judges, on the U.S. Court of Appeals for the Tenth Circuit, heard oral arguments in November in the government’s appeal of a district court ruling that deemed the gun ban unconstitutional.

Meanwhile, at an NRA conference in 2023, Trump suggested there might be a link between the use of “genetically engineered” marijuana and mass shootings. He listed a number of controversial and unproven factors that he said at the time he would direct the Food and Drug Administration (FDA) to investigate as possibly causing the ongoing scourge of mass shooting afflicting the country.

“We have to look at whether common psychiatric drugs, as well as genetically engineered cannabis and other narcotics, are causing psychotic breaks” that lead to gun violence, he said.

Last year, then-President Joe Biden’s son Hunter was convicted by a federal jury of violating statute by buying and possessing a gun while an active user of crack cocaine. Two Republican congressmen challenged the basis of that conviction, with one pointing out that there are “millions of marijuana users” who own guns but should not be prosecuted.

The situation has caused confusion among medical marijuana patients, state lawmakers and advocacy groups, among others. The NRA’s lobbying arm said recently that the court rulings on the cannabis and guns issue have “led to a confusing regulatory landscape” that have impacted Americans’ 2nd Amendment rights.

Meanwhile, some states have passed their own laws either further restricting or attempting to preserve gun rights as they relate to marijuana. Recently a Pennsylvania lawmaker introduced a bill meant to remove state barriers to medical marijuana patients carrying firearms.

Colorado activists also attempted to qualify an initiative for November’s ballot that would have protected the Second Amendment rights of marijuana consumers in that state, but the campaign’s signature-gathering drive ultimately fell short.

As 2024 drew to a close, the ATF issued a warning to Kentucky residents that, if they choose to participate in the state’s medical marijuana program that’s set to launch imminently, they will be prohibited from buying or possessing firearms under federal law.

Since then, bipartisan state lawmakers have introduced legislation that would urge Kentucky’s representatives in Congress to amend federal law to clarify that users of medical marijuana may legally possess firearms, though no action has since been taken on that bill.

Kentucky Gov. Andy Beshear (D) said in January that he supported the legislature’s effort to urge the state’s congressional delegation to call for federal reforms to protect the 2nd Amendment rights of medical marijuana patients, but the governor added that he’d like to see even more sweeping change on the federal level.

Read the Eleventh Circuit’s opinion in the medical marijuana and gun rights case below: 

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

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Federal Marijuana Legalization Bill Deserves Lawmakers’ Support, Letter From ACLU And Other Groups Says

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A coalition of drug policy reform and civil rights organizations sent letter urging members of the U.S. House of Representatives to cosponsor a recently filed bill to federally legalize marijuana and promote equity.

The letter, led by the Drug Policy Alliance (DPA), expresses support for the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which was reintroduced by Rep. Jerrold Nadler (D-NY) and about three dozen cosponsors late last month.

This marks the fourth session in a row that Nadler has put forward the proposal. It passed the House twice under Democratic control while the sponsor served as chairman of the Judiciary Committee, but it did not advance last session with Republicans in the majority.

“The MORE Act is the leading comprehensive marijuana reform bill in the House that ends federal prohibition, addresses the collateral consequences of federal marijuana criminalization, and takes steps to ensure the regulated marketplace is diverse and inclusive,” the letter—which was also signed by groups such as the ACLU, National Association of Criminal Defense Lawyers, National Association of Social Workers, Service Employees International Union and Southern Poverty Law Center—says.

“For generations, marijuana’s placement on the [Controlled Substances Act, or CSA] has disproportionately inflicted harm upon communities of color and poor people,” the groups wrote.

They noted that the Trump administration is actively considering a proposal to simply reschedule cannabis, which they described as “a policy that would continue federal cannabis criminalization and its harm.”

With that reform pending, it’s “more important than ever for Congress to advance comprehensive legislation to deschedule marijuana from the CSA,” the letter says. “To be clear, as long as marijuana remains anywhere in the CSA, it will still be criminalized at the federal level.”

“Recent news reports have suggested that President Trump may move marijuana to Schedule III of the CSA. While this move would eliminate an unfair tax penalty on the marijuana industry and would be of symbolic importance by recognizing that marijuana has accepted medical use, little else would change. In fact, rescheduling marijuana from Schedule I to Schedule III of CSA will maintain the criminal penalties and collateral consequences that are in effect today. To fully address the conflict between state and federal laws, marijuana must be descheduled from the CSA.”

Other signatories on the letter include Cannabis Regulators of Color Coalition (CRCC), Doctors for Drug Policy Reform, JustLeadershipUSA, Last Prisoner Project (LPP), Law Enforcement Action Partnership (LEAP), Lawyers’ Committee for Civil Rights Under Law, Minority Cannabis Business Association (MCBA), Mission Green, NORML, Students for Sensible Drug Policy (SSDP), Supernova Women and more.

Here are details about the key provisions of the MORE Act: 

  • The bill would deschedule marijuana by removing it from the list of federally banned drugs under the CSA. However, it would not require states to legalize cannabis and would maintain a level of regulatory discretion up to states.
  • Marijuana products would be subject to a federal excise tax, starting at five percent for the first two years after enactment and rising to eight percent by the fifth year of implementation.
  • Nobody could be denied federal public benefits based solely on the use or possession of marijuana or past juvenile conviction for a cannabis offense. Federal agencies couldn’t use “past or present cannabis or marijuana use as criteria for granting, denying, or rescinding a security clearance.”
  • Noncitizens could not be penalized under federal immigration laws for certain cannabis activity after the enactment of the legislation.
  • The bill creates a process for expungements of non-violent federal marijuana convictions.
  • Tax revenue from cannabis sales would be placed in a new “Opportunity Trust Fund.” Half of those tax dollars would support a “Community Reinvestment Grant Program” under the Justice Department, 10 percent would support substance misuse treatment programs, 40 percent would go to the federal Small Business Administration (SBA) to support implementation and a newly created equitable licensing grant program.
  • The Community Reinvestment Grant Program would “fund eligible non-profit community organizations to provide a variety of services for individuals adversely impacted by the War on Drugs…to include job training, reentry services, legal aid for civil and criminal cases (including for expungement of cannabis convictions), among others.”
  • The program would further support funding for substance misuse treatment for people from communities disproportionately impacted by drug criminalization. Those funds would be available for programs offering services to people with substance misuse disorders for any drug, not just cannabis.
  • While the bill wouldn’t force states to adopt legalization, it would create incentives to promote equity. For example, SBA would facilitate a program to providing licensing grants to states and localities that have moved to expunge records for people with prior marijuana convictions or “taken steps to eliminate violations or other penalties for persons still under State or local criminal supervision for a cannabis-related offense or violation for conduct now lawful under State or local law.”
  • The bill’s proposed Cannabis Restorative Opportunity Program would provide funds “for loans to assist small business concerns that are owned and controlled by individuals adversely impacted by the War on Drugs in eligible States and localities.”
  • The comptroller general, in consultation with the head of the U.S. Department of Health and Human Services (HHS), would be required to carry out a study on the demographics of people who have faced federal marijuana convictions, “including information about the age, race, ethnicity, sex, and gender identity.”
  • The departments of treasury, justice and the SBA would need to “issue or amend any rules, standard operating procedures, and other legal or policy guidance necessary to carry out implementation of the MORE Act” within one year of its enactment.
  • Marijuana producers and importers would also need to obtain a federal permit. And they would be subject to a $1,000 per year federal tax as well for each premise they operate.
  • The bill would impose certain packaging and labeling requirements.
  • It also prescribes penalties for unlawful conduct such as illegal, unlicensed production or importation of cannabis products.
  • The Treasury secretary would be required to carry out a study “on the characteristics of the cannabis industry, with recommendations to improve the regulation of the industry and related taxes.”
  • The Bureau of Labor Statistics (BLS) would be required to “regularly compile, maintain, and make public data on the demographics” of marijuana business owners and workers.
  • Workers in “safety sensitive” positions, such as those regulated by the Department of Transportation, could continue to be drug tested for THC and face penalties for unauthorized use. Federal workers would also continue to be subject to existing drug testing policies.
  • References to “marijuana” or “marihuana” under federal statute would be changed to “cannabis.” It’s unclear if that would also apply to the title of the bill itself.

Getting a bill like the MORE Act through the GOP-controlled House and Senate is a tall task, however. And while Trump previously endorsed a Florida legalization ballot initiative, he’s given little indication he’d be willing to end prohibition altogether at the federal level.

A pending proposal to simply move cannabis from Schedule I to Schedule III under the CSA is still in flux—though the president did recently say a decision was imminent.


Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.


Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Numerous voices within Trump’s circles have expressed differing opinions on the reform.

Most recently, for example, Ben Carson, Trump’s former secretary of the Department of Housing and Urban Development (HUD), said a move to reschedule marijuana would play into plots to “destroy this country.”

Trump’s former press secretary Sean Spicer and his long-time advisor Roger Stone recently traded diverging takes on the prospect of the administration moving forward on marijuana rescheduling.

Stone separately made the case for reform in an op-ed for Marijuana Moment last month.

Retired boxer Mike Tyson, meanwhile, recently spoke about the need for federal marijuana rescheduling on a podcast hosted by the wife of White House Deputy Chief of Staff for Policy Stephen Miller—saying he’s expecting “good news” on the issue soon.

In June, the retired boxer also took to Fox News and delivered a message to the president, urging him to reschedule, and ultimately legalize, marijuana.

That interview came days after Tyson led a letter alongside other professional athletes and celebrities promoting cannabis reform that was sent to Trump, calling for rescheduling marijuana, expanding clemency and allowing licensed cannabis businesses to access the banking system.

Meanwhile, Trump’s former senior advisor Kellyanne Conway has been the “biggest champion” of marijuana rescheduling within the president’s “inner circle,” a GOP congressman recently told Marijuana Moment.

Photo courtesy of Brian Shamblen.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Become a patron at Patreon!



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Rhode Island Opens Applications for 24 Adult-Use Dispensary Licenses

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[PRESS RELEASE] – WARWICK, R.I., Sept. 12, 2025 – The Cannabis Control Commission  (CCC) opened the application period for adult-use cannabis retail licenses, marking the beginning of the largest expansion to Rhode Island’s cannabis industry. The commission is authorized under the Rhode Island Cannabis Act to license up to 24 retail establishments statewide, divided equally across six geographic zones, making this announcement a defining moment in shaping the state’s cannabis marketplace.

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“Today’s announcement represents years of work, collaboration and preparation to ensure Rhode Island has a cannabis marketplace that is safe, transparent, and equitable,” CCC Chairperson Kim Ahern said. “The release of this application and launch of our submission portal is not only about opening doors for businesses but about creating meaningful opportunities for Rhode Islanders while keeping public health and public safety at the center of everything we do.”

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With only 24 retail licenses available statewide, the launch of the application process is expected to draw significant interest from prospective applicants. Together with the Social Equity Applicant Status Certification Portal, which opened in August, the application process reflects the CCC’s deliberate steps toward building a cannabis industry that prioritizes economic opportunity, equity and fairness in Rhode Island.

“Rhode Island’s cannabis market is poised for growth, and this application is helping us do exactly that,” Gov. Dan McKee said. “As we expand the cannabis industry here in the Ocean State, we’re opening the doors to new investment, new good-paying jobs, and new opportunities for our economy.”

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Adult-use retail licenses will authorize sales of cannabis products to adults 21 and older. By releasing the application and opening the submission portal simultaneously, the commission is providing applicants with a transparent process while reinforcing its commitment to accountability and access.

“Today’s release of the adult-use retail license application reflects the commission’s commitment to equity and accountability,” Commissioner Layi Oduyingbo said. “This framework provides applicants with the information they need while reinforcing our responsibility to safeguard public health and consumer safety.”

Commissioner Robert Jacquard said, “The commission aims to make this application process as business-friendly as possible, while upholding standards that will protect public health.”

To ensure the process is fair and accessible, the commission and Cannabis Office will provide technical assistance resources and ongoing guidance for prospective applicants. Applications will be accepted until 4 p.m. on Dec. 29, 2025.

“This is a milestone that reflects the dedication and perseverance of so many people,” Cannabis Office Administrator Michelle Reddish said. “From lawmakers and advocates to community members and our dedicated staff, countless individuals have helped build the foundation for this moment. By publishing the application today, we are taking a historic step toward building a cannabis marketplace that serves consumers, supports equity and advances public health in Rhode Island.”

The adult-use retail license application is available on the commission’s website at www.ccc.ri.gov/auapp.



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Can LSD Battle Anxiety? The Answer Is Yes, According to Science

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Hands down, one of the drugs that has received the worst press in the decades marked by the War on Drugs has been LSD. All sorts of things have been said about this molecule: that it drives you crazy, or suicidal, that it remains stored in your body forever, that it irreparably damages the brain… Fortunately, we now have professionals investigating the matter, with a scientific perspective rather than a moralistic or prohibitionist one.

One of the latest findings on the subject seems to directly contradict one of the great myths about LSD: instead of leading to insanity, this compound could reduce anxiety. This is according to a study by Mind Medicine (MindMed) Inc., a biopharmaceutical company that has been researching psychedelic compounds for mental health for many years. While the preliminary results were released in 2022, they were officially published this month in the Journal of the American Medical Association.

This isn’t the first time MindMed has embarked on studying this topic: it had already achieved positive results with LSD for anxiety on another occasion. In fact, the FDA granted Breakthrough Therapy designation for generalized anxiety disorder (GAD) to the company’s proprietary drug candidate, MM120, a pharmacologically optimized formulation of LSD.

LSD and Anxiety: What the MindMed Study Says

The company conducted a multicenter, randomized, double-blind, placebo-controlled Phase 2b study at 22 outpatient psychiatric research centers in the US. The effects of a single dose of MM120 (lysergide D-tartrate, LSD) were analyzed in 198 adults with moderate to severe generalized anxiety disorder (GAD). Participants experienced sustained improvements in their condition over the 12-week observation period.

According to the company’s press release, this is the first randomized, placebo-controlled trial evaluating a single treatment at four dose levels (25, 50, 100, or 200 µg), without any psychotherapeutic intervention.

The optimal dose of MM120 was determined at 100 µg. This demonstrated a “clinically and statistically significant improvement vs. placebo, and a 65% clinical response rate and 48% clinical remission rate” at the end of the experiment.

Likewise, tolerance to the medication was positive, with the expected adverse effects of an LSD experience remaining mild to moderate and lasting only one day.

During the study, participants receiving medication for their condition had to discontinue such treatment under the supervision of the study professionals. Furthermore, on the day of dosing, they were offered “standardized music and eyeshades and could lie down, move freely around the room, read, write, or draw.” It should be noted that the study protocol explicitly prohibited participation in psychotherapy.

Dr. Maurizio Fava, one of the study’s authors, stated that “this study is a true turning point in the field of psychiatry… For the first time, LSD has been studied with modern scientific rigor, and the results are both clinically meaningful and potentially paradigm-shifting for the treatment of GAD. GAD affects 26 million adults in the U.S., yet no new medications have been approved since 2007—and first-line treatments fail 50% of patients.”

Thus, scientific innovation continues to advance against the willful ignorance of prohibitionists, working tirelessly to ensure patients have access to the relief that traditional therapies fail to provide.

This article was first published on El Planteo.



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