The Justice Department is asking the U.S. Supreme Court for more time to submit briefs in a case justices recently agreed to hear that concerns the constitutionality of a federal ban on gun ownership by people who use marijuana and other drugs.

In a motion from the Trump administration that was sent to the court on Thursday, DOJ said there was mutual agreement between its attorneys and those representing the respondent in the case that the current deadline for briefs and reply briefs should be revised because of the “press of other cases.”

Currently, the Justice Department is supposed to file its first brief with the court by December 4, but it’s requesting that be extended to December 12. That would push the respondent’s deadline to submit a brief to January 20.

“If those extensions are granted, the reply brief would be due on February 19, 2026. Both parties consent to this briefing schedule,” U.S. Solicitor General D. John Sauer, an appointee of President Donald Trump, said in the motion.

The Trump administration has routinely argued that the policy restricting gun ownership by people who use cannabis, even in compliance with state law, “targets a category of persons who pose a clear danger of misusing firearm” and should be upheld.

After several years of conflicting lower court rulings on related cases, justices on Monday granted cert in U.S. v. Hemani to settle the question of whether the ban—known as Section 922(g)(3)—is consistent with the Second Amendment.

While the court on Monday also declined to take up a separate case on cannabis consumers’ gun rights, there are still several others pending a decision from the justices. But the choice to take up Hemani in particular is likely welcome news to the Justice Department, which has consistently defended the firearm prohibition and specifically requested that SCOTUS review that case instead of alternatives.

That could be related to the fact that the defendant is not only a marijuana consumer but also a user of cocaine who’s sold drugs in the past, so it’s possible DOJ reasoned that he is a less sympathetic face for the issue. Defendants in the other cases were merely found in possession of both a firearm and marijuana.

In June, the solicitor general submitted a filing with the Supreme Court that said “Section 922(g)(3) complies with the Second Amendment,” and the statute “targets a category of persons who pose a clear danger of misusing firearms: habitual users of unlawful drugs.”

The law “bars their possession of firearms only temporarily and leaves it within their power to lift the restriction at any time; anyone who stops habitually using illegal drugs can resume possessing firearms,” Sauer said.

Notably, while the government mentions “habitual” users of illegal drugs 40 times in its filing, that word does not itself appear in 922(g)(3). The language of the statute prohibits anyone “who is an unlawful user of or addicted to any controlled substance” from purchasing or possessing firearms or ammunition.

In a separate August filing for the case, the Justice Department also emphasized that “the question presented is the subject of a multi-sided and growing circuit conflict.” In seeking the court’s grant of cert, the solicitor general also noted that the defendant is a joint American and Pakistani citizen with alleged ties to Iranian entities hostile to the U.S., putting him the FBI’s radar.

Now that the Supreme Court has agreed to take up Hemani, if justices declare 922(g)(3) constitutional, such a ruling could could mean government wins in the remaining cases. The high court on Monday denied a petition for cert in U.S. v. Cooper, while leaving pending decisions on U.S. v. Daniels and U.S. v. Sam. The justices were scheduled to discuss all of the cases at a closed-door meeting last Friday.

The court also recently denied a petition for cert in another gun and marijuana case, U.S. v. Baxter, but that wasn’t especially surprising as both DOJ and the defendants advised against further pursing the matter after a lower court reinstated his conviction for being an unlawful user of a controlled substance in possession of a firearm.

A number of federal courts in recent years 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.

Meanwhile, in recent interviews with Marijuana Moment, several Republican senators shared their views on the federal ban on gun possession by people who use marijuana—with one saying that if alcohol drinkers can lawfully buy and use firearms, the same standard should apply to cannabis consumers.

Separately, the U.S. Court of Appeals for the Tenth Circuit last month sided with a federal district court that dismissed an indictment against Jared Michael Harrison, who was charged in Oklahoma in 2022 after police discovered cannabis and a handgun in his vehicle during a traffic stop.

The case has now been remanded to that lower court, which determined that the current statute banning “unlawful” users of marijuana from possessing firearms violates the Second Amendment of the Constitution.

The lower court largely based his initial decision on an interpretation of a Supreme Court ruling in which the 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.

The historical analogues that the Justice Department relied on to make the case that the ban is consistent included references to antiquated case law preventing Catholics, loyalists, slaves and Indians from having guns.

The circuit court, for its part, said that “the government must show non-intoxicated marijuana users pose a risk of future danger” to support the current policy. “This inquiry, which may involve fact finding, is best suited for the district court.”

Meanwhile, in the U.S. Court of Appeals for the Eleventh District, judges recently ruled in favor of medical cannabis patients who want to exercise their Second Amendment rights to possess firearms.

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 recent ruling, 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 Third Circuit separately 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.

—
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.
—

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.

DOJ has claimed in multiple federal cases over the past several years that the statute banning cannabis consumers from owning or possessing guns is constitutional because it’s consistent with the nation’s history of disarming “dangerous” individuals.

In 2023, for example, the Justice Department told the U.S. Court of Appeals for the Third Circuit that historical precedent “comfortably” supports the restriction. Cannabis consumers with guns pose a unique danger to society, the Biden administration claimed, in part because they’re “unlikely” to store their weapon properly.

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.

The official said that while people who already own firearms aren’t “expected to” turn them over if they become state-legal cannabis patients, those who “wish to follow federal law and not be in violation of it” must “make the decision to divest themselves of those firearms.”

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 Second Amendment rights of medical marijuana patients, but the governor added that he’d like to see even more sweeping change on the federal level.

A popular independent craft spirits distillery says it’s scaling back its operations—due in part to the fact that more adults are choosing marijuana over alcohol.

Heritage Distilling Company, Inc.–which has distillery locations for its whiskey and other spirits in Oregon and Washington State where cannabis is legal—said on Thursday that a confluence of factors informed its decision to close tasting rooms, shift to contract production partnerships and focus on direct-to-consumer sales.

The company listed four specific considerations that led to the consolidation of its operations. That includes “consumer shifts toward reduced alcohol consumption and alternative products, including marijuana.”

That shift is being closely monitored across the alcohol industry. Earlier this year, the CEO of Brown-Forman Corporation, which produces brands such as Jack Daniel’s and Woodford Reserve, said that the growing use of marijuana as an alternative to alcohol is putting “pressure” on the spirits industry.

This week, new congressional lobbying reports shows that many major companies such as Anheuser-Busch, Bacardi North America and Moet Hennessy USA are engaged in federal lobbying to influence cannabis policy amid the surge in interest into THC beverages.

“For more than a decade, Heritage Distilling tasting rooms were places for friends and family to gather to enjoy each other’s company and great spirits,” Jennifer Stiefel, president of Heritage Distilling, said in a press release on Thursday. “As we head into the final stretch of the year, we wanted to give our customers and club members two months of lead time to plan their final visits to our tasting rooms, to share in great memories and to thank the staff who helped them along their customer journey.”

The company also listed tax and regulatory challenges in Oregon and Washington State as additional reasons for the business model change.

The fact that evolving consumer preferences for cannabis factored into the decision isn’t entirely surprising, as there have been many recent market analyses and surveys indicating that marijuana legalization has proved to be a disruptive force for the alcohol industry.

A poll released earlier this month found that a majority of Americans believe marijuana represents a “healthier option” than alcohol—and most also expect cannabis to be legal in all 50 states within the next five years.

Another recent survey showed that four in five adults who drink cannabis-infused beverages say they’ve reduced their alcohol intake—and more than a fifth have quit drinking alcohol altogether.

That survey was released shortly after a leading alcohol industry group added a company that makes THC-infused drinks to its membership roster for the first time, furthering signaling the cultural shift.

This also comes at a time when younger Americans are increasingly using cannabis-infused beverages as a substitute for alcohol—with one in three millennials and Gen Z workers choosing THC drinks over booze for after-work activities like happy hours, according to a new poll of 1,000 young professionals.

This month it was revealed that the retail giant Target is soft launching sales of THC-infused beverages at select stores in Minnesota.

Meanwhile, Veterans of Foreign Wars (VFW) of the United States recently entered a first-of-its-kind partnership with a hemp THC beverage company, with a licensing branding deal that will support a variety of veterans services and promote cannabis drinks as a potential alcohol alternative with the drinks being available at VFW posts across the country.

Separately, while Target is apparently moving into the THC drink space, the airline Virgin Atlantic denied satirical and false claims earlier this year from a cannabis beverage company about a deal to sell its THC-infused beverages on flights.

AI isn’t coming to cannabis; it’s already here. From automated grow rooms to predictive inventory systems and compliance bots, cannabis is quietly entering its most advanced era ever. And just like legalization, the tech revolution won’t wait for anyone.

The global artificial intelligence market reached $196.63 billion in 2023 and is projected to grow at a compound annual growth rate of 37.3% through 2030. This isn’t just another tech bubble; AI and automation are fundamentally reshaping how businesses operate across every sector. From healthcare systems using machine learning to diagnose diseases faster than human doctors, to financial institutions preventing fraud through real-time pattern recognition, to manufacturing plants reducing waste by 30% through predictive maintenance algorithms, the integration of intelligent technology has moved from experimental to essential.

The numbers tell the story: McKinsey research shows that generative AI could add $2.6 trillion to $4.4 trillion annually across business use cases, representing a 15 to 40 percent increase in the overall impact of artificial intelligence. In retail, AI-driven inventory management has reduced stockouts by up to 65%. In agriculture, precision farming using IoT sensors and machine learning has increased crop yields by 20% while reducing water usage by 25%. These aren’t theoretical benefits; they’re measurable improvements happening right now across industries worldwide.

Cannabis Embraces the Digital Revolution

Legalization created the market. Technology will decide who wins it.

The cannabis industry, valued at $36.70 billion in North America in 2023, is experiencing its own technological transformation. With the North American cannabis technology market expected to grow at a 28.3% CAGR through 2030, cannabis businesses are discovering that success increasingly depends on smart technology adoption.

The unique challenges facing cannabis businesses make AI and tech solutions not just helpful, but necessary for survival. Complex state-by-state regulations require meticulous compliance tracking that human teams struggle to maintain accurately. Inventory shrinkage costs the industry millions annually, while manual compliance reporting consumes resources that could be directed toward growth. Customer expectations mirror those in mainstream retail; they want personalized experiences, fast service, and consistent product quality.

Smart cannabis businesses are responding with sophisticated solutions. Cultivation facilities use AI-powered sensors to monitor environmental conditions 24/7, adjusting humidity, temperature, and lighting to optimize yields while reducing energy costs. Dispensaries deploy machine learning algorithms to predict customer demand, ensuring popular products stay in stock while minimizing waste from slow-moving inventory. Compliance teams rely on automated reporting systems that integrate directly with state tracking databases, reducing human error and ensuring audit readiness.

The competitive advantage is clear: cannabis businesses using AI and automation report 15-30% reductions in operational costs, 40% improvements in compliance accuracy, and significant increases in customer satisfaction scores. Companies that continue relying solely on manual processes find themselves struggling to compete on price, efficiency, and reliability.

Industry Leaders: The Tech Driving the Cannabis Revolution

AI, Data & Decision-Making

• BakedBot AI – An AI platform offering compliance tracking, content generation, and customer management features.
• Trees.Cloud – A data analytics platform aggregating cannabis market pricing, product information, and industry metrics.
• Tetragram – A mobile application for logging cannabis consumption and tracking product information.

Operations, Compliance & Business Infrastructure

• Flourish – A seed-to-sale software with integrated modules for cultivation, manufacturing, distribution, and retail.
• LeafLink – A B2B wholesale marketplace and ordering software for cannabis retailers and suppliers.
• Spence App – A payment application enabling direct bank-to-dispensary fund transfers.

Manufacturing & Automation

• RollPros Blackbird – A pre-roll manufacturing machine that rolls cannabis rather than filling pre-formed cones.
• Green Vault Systems – Automated packaging machinery for cannabis products.

Cultivation Technology

• The Ganjagrid PVT (Plant Vibration Trainer) – A cultivation technology that applies vibration to plants during growth phases.
• TetraSense – A cannabinoid testing device that scans for THC, THCa, CBD, and CBDa levels.

The Time to Act is Now

The cannabis industry stands at a technological crossroads. Early adopters are already seeing measurable improvements in their bottom lines, while businesses are hesitating to embrace AI and automation risk being left behind in an increasingly competitive market.

Ask yourself: Is your cultivation facility still relying on manual environmental monitoring when AI systems could optimize your yields while cutting energy costs? Are your budtenders spending valuable time on inventory counts that could be automated? Is your compliance team drowning in paperwork that intelligent software could handle seamlessly?

The cost of inaction grows daily. Every month without proper inventory management represents lost revenue from stockouts and waste. Every compliance mistake avoided through automation protects your license and reputation. Every customer experience enhanced through AI-driven personalization builds loyalty in a crowded marketplace.

The cannabis businesses thriving five years from now won’t be those with the best products alone; they’ll be those that combine quality cannabis with intelligent operations. The technology exists today. The proven results are documented. The only question remaining is whether your business will lead the transformation or scramble to catch up.

The future of cannabis is intelligent. The question is: will your business be part of shaping it?

Photo by Ashes Sitoula on Unsplash