Biden DOJ Wants Federal Court to Uphold Revocation of 2A Rights for Pot Smokers 

The Biden administration wants to keep medical marijuana users from exercising their 2A rights. 

On Monday, the Department of Justice (DOJ) urged a federal court to dismiss a lawsuit challenging the longstanding prohibition that keeps pot smokers from purchasing and possessing firearms.  

To help make its case, DOJ pointed to various gun restrictions that provide, in its view, historical precedent for upholding the ban, as reported.

“Analogous statutes which purport to disarm persons considered a risk to society—whether felons or alcoholics—were known to the American legal tradition,” the memo states.

Denying 2A rights to pot smokers “is consistent with this Nation’s historical tradition of firearm regulation,” DOJ added. “Two related historical traditions are analogous: the tradition of excluding those who engage in criminal activity from the right to bear arms, and the tradition of disarming those whose status or behavior would make it dangerous for them to possess firearms.”

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The suit was filed by Florida’s Democratic agriculture commissioner Nikki Fried.  

“I’m suing the Biden administration because people’s rights are being limited,” the commissioner said back in April. “Medical marijuana is legal. Guns are legal. This is about people’s rights and their freedoms to responsibly have both.”

According to, pot is only “fully illegal” in four states (Idaho, Wyoming, Kansas, and South Carolina).  

However, at the federal level, unlawful users of controlled substances are still barred from possessing firearms and may face up to 10 years behind bars if found guilty.  

Last year, three Republican lawmakers introduced the Gun Rights And Marijuana (GRAM) Act, which would have made it legal for citizens to both exercise their right to keep and bear arms and consume cannabis in states that have legalized weed for recreational and medicinal purposes.  

But it appears that the GRAM Act did not clear the committee stage, stalling out in the Subcommittee on Crime, Terrorism and Homeland Security.

Stay tuned for updates.

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About the author: S.H. Blannelberry is the News Editor of GunsAmerica.

{ 31 comments… add one }
  • Anthony Andrea August 15, 2022, 1:09 pm

    Quick addendum: regardless of the substance you shouldn’t be handling a firearm when you’re impaired. Also, if you’re in possession of a medical marijuana card or you’re visiting a dispensary and you lie on the application for a firearm purchase your gun should be seized. Been shot at enough by people with illegally purchased and modified firearms. We’re coming to a tipping point. I’m a strong 2A advocate, but these boneheads getting access to legal weapons and using them to maim and kill needs to stop. Making the 2A community look bad.

  • Anthony Andrea August 15, 2022, 12:59 pm

    I’m guessing Joe forgot that Hunter enjoys a wide range of substances, including marijuana. Same Hunter who the Secret Service had to retrieve his firearm from the trash.

  • William Hodge August 15, 2022, 9:32 am

    This isn’t a comparison between alcohol and pot. No one should be handling guns impaired, period. The real argument is about freedom. As Americans we have that freedom to own and bear arms. Maybe now we must protect those freedoms more so than no other time in our history. We have the freedom to use alcohol and pot in many areas. We also have the responsibilities to use both guns and alcohol/pot in safe, responsible ways.

  • Fred August 15, 2022, 7:31 am

    So they assume if you use Cannabis legally for pain or to sleep at night you are going to use it while operating your firearm? Compete idiocy. Ok then apply same logic to those who have a drink now and then. Assume they all operate firearms drinking. It’s the dumbest thing I’ve ever heard! If you have few drinks per week no guns for you either.

  • duane August 14, 2022, 4:52 am


    • Hondo August 16, 2022, 7:13 am

      Your caps lock , it’s on.

  • Jeff F August 12, 2022, 8:10 pm

    Gun owners should not be unconcerned on this matter. If they can be stripped of their right to keep and bear arms for using cannabis, then those citizen’s right to vote could also be in jeopardy. This is another back doorway to disarm everyone by complete disenfranchisement. I don’t drink alcohol or smoke pot, tobacco or anything else for that matter. However, I have witnessed more violence and belligerent behavior by alcoholics in my lifetime than any other group.

    • ordinaryJoe August 13, 2022, 9:52 pm

      There is some truth to what you say.

      The good news is that you can’t ban truth.

      I’ll be speaking it all my days.

      Whether people listen or not, well, most probably won’t.

    • Anthony Andrea August 15, 2022, 1:11 pm

      I agree. Drugs and alcohol fuel a lot of bad decisions.

  • Gary August 12, 2022, 3:52 pm

    Have you observed people who get loaded on weed are more alert? Have better judgment? Are more responsible? More moral?

    Not me. I observe the witless euphoria it induces doesn’t accumulate any of them.

    It isn’t wise for weed smokers to be handling firearms.

    • Jon Brown August 15, 2022, 8:43 am

      So Gary, please pull out some facts like how many drunks shoot people verse people that are using cannabis?
      O, so you can’t find those stats you say?
      Stoners don’t shoot people, drunk morons get in fights get their ass kicked and run for their gun!
      You never heard of a stoner doing these type of things, EVER…

      Say I’m wrong, PLEASE!!
      And do prove me wrong PLEASE!!!


      • paul I'll call you what I want/1st Amendment August 16, 2022, 8:55 am

        Your Wrong!!! Go on use your twisted logic and liberal double talk to justify your position. A suggestion just skip to the end and attack my prose to prove your righteousness…..

  • Link Lackluster August 12, 2022, 12:59 pm

    Don’t mix drugs and firearms. All you stoners out there are always trying to tell people that being stoned all the time doesn’t affect one’s behavior, judgment, or ability to act. What a bunch of rubbish.

    I don’t trust stoners.

    • ordinaryJoe August 13, 2022, 9:48 pm

      What is more dangerous, a joint or a firearm?

    • Kb31416 August 15, 2022, 8:33 am

      Here we go again.
      It has been exhaustively established that federal law supersedes state law, and marijuana is against federal law. PERIOD.
      Don’t like the law? Then change it.
      The other option is for everyone to decide for themselves what laws they like, and to disregard any laws that they don’t like. Then there is no law. It’s a binary choice.

  • Shanz August 12, 2022, 12:13 pm

    I always found some conservative views on weed to be hypocritical. Freedom and liberty except for those who partake in a little herbal relaxation. Ok should those who drink beer we barred?
    Also the GRAM act? That’s pretty funny.

  • Devil Weed August 12, 2022, 11:50 am

    As long as you practice, shoot, high should not be a problem. Just like driving while under the influence of alcohol.

  • D.J. August 12, 2022, 10:54 am

    Marijuana is still illegal at the federal level .
    Like it or not , those are the facts .
    People “ addicted “ to Marijuana are barred from
    firearm purchases at the same level , period .

    My opinion on changing it is irrelevant .
    Until it is changed , that’s the way it is .

    Contact your representatives & senators .

    As they used to say , “ so sorry G.I. “ .

  • Eric August 12, 2022, 9:55 am

    Lots of odd comments this morning. Tough road for some folks I guess, when a Democratic official seeks to expand gun owner’s rights.

    Truth is all of the laws against marijuana have racist roots. I know talking about racism isn’t popular here, but it is the pure unvarnished truth when it comes to Mary Jane. Google “marijuana racism” and start reading. Well, start thinking too.

    The idea that a marijuana smoker is any worse of a gun owner than an alcohol drinker, or a pill popper is pretty silly. Us 2A folks like to say guns don’t kill people, people do. That reflects the idea that it’s a person’s behavior with a gun that matters, and not the fact that person owns a gun.

    That concept should apply to all gun owners – even ones who smoke weed.

  • paul I'll call you what I want/1st Amendment August 12, 2022, 8:52 am

    There is your gun control in a nutshell! Drugs and guns don’t mix!!!

  • RozzieBo August 12, 2022, 8:47 am

    Devil weed? Get back under the rock you crawled out from. I bet you’re swallowing percs whenever you have pain. Oh but that’s ok. Medical marijuana is not illegal. It is nowhere near as harmful as alcohol, period. No one should use firearms under the influence of anything. Common sense. Another stupid Biden witch hunt. I say look at your son, Hunter first. Better go after all the Dilaudid, morphine, OxyContin and Percocet users too. So it’s let’s go after people in pain and take away their rights too. Your an uneducated buffoon.

    • Jsun August 16, 2022, 2:19 pm

      Ur wrong dude, can’t get that anymore. My er visit last weekend netted only 8 t#3

      Weed stinks

  • survivor50 August 12, 2022, 8:22 am

    ” Biden DOJ Wants Federal Court to Uphold Revocation of 2A Rights for Pot Smokers … ”

    SAY !!! … Didn’t DIMOCRAPS push for legalization of POT ???

    WELL OK … now turn in your GUNS !!!

    (This is going to go over SOOOOO well in the ” HOOD ” … )

  • Ketchum Kenny August 12, 2022, 7:32 am

    Call me crazy, but guns and dope don’t mix. Case in point – Hunter Biden.

  • Scott Waddle August 12, 2022, 3:05 am

    How about we don`t allow democrats to carry. They are mentally ill. All of the mass shootings are caused by these loons.

  • Will Drider August 12, 2022, 2:16 am

    Nikki Fried, (Fl, DoAg) got elected by pushing medical pot, her boyfriend is a higher up in the pot industry and she now pushes for “recreational pot” legalization. She has been quoted in several news sources as having a Fl concealed firearms and weapons license, is a handgun owner AND has a Fl medical pot Card.. Feds/BATFE choosen to ignore that legal pot vs firearm legality conflict. She’s hoping there are enough pot heads and dems to get her elected for the Governor’s seat. Feds recently changhed the Form 4473 to specifically amplify the disqualification for medical pot (Rx/Card) like all other illegal substances. So she’s pushing for a wider pot customer base to add gun buyers/owners. Just arrest her so she will really have some skin in the game. Lol

  • Mark N. August 12, 2022, 12:42 am

    it would seem that Democrats are 1) in favor of legalizing marijuana, and 2) against allowing anyone to have fire arms. No wonder the bill did not clear what was likely a Democratic Party majority in committee.

  • Blue Dog (he/him) 🧢 August 11, 2022, 9:36 pm

    Marijuana and guns don’t mix. Chronic users of marijuana and guns don’t mix. The same is true for drunks – alcohol does not mix well with firearms, neither do regular abusers of alcohol.

    I don’t get the move to decriminalise the devil weed. If pot is even half as destructive as is alcohol, why release such a great destroyer on our people?

    • Kane August 12, 2022, 2:01 pm

      Some people with cancer and other ailments use the natural “weed” to help them with their condition.

      What’s you position on Big Pharma drugs like Pyscotropics?

      SWhat about the Big Pharma cash cows like abortion drugs polluting or water tabels?

    • ordinaryJoe August 13, 2022, 9:10 pm

      There is nothing to release. It’s already readily available.

      Marijuana is just one of a number of problems, unless we are talking about medicinal marijuana, when the benefit outweighs the risk (for the person/patient). A smaller problem in the grand scheme of problems, such as murder, rape, robbery, narcissism, hate/gluttony/greed, etc…

      Marijuana? why am I even commenting about this?

      The reality is this: if you want to ban firearms from a person who consumes marijuana, then you have to ban firearms from a person who consumes alcohol. They are both drugs, with alcohol being far more debilitating.

    • Hondo August 17, 2022, 10:39 am

      Devil weed ? You must be joking bluedouche it/clown , please take your clown show someplace else as it’s annoying the adults here.

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