Federal Judge Says Gun Ownership a Right for Cannabis Users

Weed and a Pistol.

A federal judge in Oklahoma has ruled that prohibiting cannabis users from possessing firearms is unconstitutional. The judge used last year’s U.S. Supreme Court ruling as the basis for his interpretation.  

Patrick Wyrick, the U.S. District Judge in Oklahoma City, was a Trump administration appointee. On Friday, Judge Wyrick dismissed an indictment against a man charged with violating the ban in August. According to the judge, the ban infringed on his 2A rights. 

Jared Michael Harrison was on his way to work at a medical cannabis dispensary when he was pulled over in Lawton, Oklahoma in May 2022. A search of his car revealed a loaded revolver and a small amount of cannabis. Harrison was unable to produce his state-issued medical card. 

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The defense argued that their client’s Second Amendment right to bear arms was violated by a federal law prohibiting “unlawful users or addicts of controlled substances” from possessing firearms.

Harrison’s lawyers claimed the law was inconsistent with the historical tradition of firearms regulation, citing the U.S. Supreme Court’s ruling in the New York State Rifle & Pistol Association v Bruen case.

Federal prosecutors, however, argued that the law is consistent with the longstanding tradition in America of disarming “presumptively risky persons” such as “felons, the mentally ill, and the intoxicated.”

In his ruling, Wyrick said that even though the government’s responsibility is to protect the public from dangerous people possessing guns, it could not argue the defendant’s “mere status as a user of marijuana justifies stripping him of his fundamental right to possess a firearm.”

The judge noted that cannabis is legal for medicinal use in Oklahoma, as well as in a majority of the states in the U.S., and that cannabis use is “not in and of itself a violent, forceful, or threatening act.” 

Wyrick agreed with the defense’s assessment about the law not following the reasoning for traditional firearm regulations.

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“The mere use of marijuana carries none of the characteristics that the Nation’s history and tradition of firearms regulation supports,” Wyrick wrote.

One of Harrison’s public defenders, Laura Deskin, said the outcome was a “step in the right direction for a large number of Americans who deserve the right to bear arms and protect their homes just like any other American.” She called cannabis the most commonly used drug that has been prohibited at the federal level.

With there being more guns than people in the U.S., it’s likely that many gun owners will be medical cannabis patients. Especially considering half of the adults in the U.S. have tried marijuana at least once. 

After the U.S. Supreme Court’s 6-3 ruling in the case of New York State Rifle and Pistol Association V. Bruen, restrictions for firearms must be “consistent with this nation’s historical tradition of firearm regulation.”

The Department of Justice is expected to appeal. 

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About the author: Dante Graves Dante is a movie and comic book junkie who loves a good explosion. His passion for politics and journalism led him here. Dante’s only aim is to be truthful and factual with his reporting.

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  • Brian Miller March 14, 2023, 10:50 pm

    There are a lot of uneducated hypocritical Fudds in the comment section. You don’t like marijuana? Fine, don’t smoke it. However, don’t sit back and complain about your rights being infringed and then be in favor of infringing on the rights of others…you’re just displaying your authoritarian biases.

  • survivor50 February 10, 2023, 9:14 pm

    ” Federal Judge Says Gun Ownership a Right for Cannabis Users… ”

    You have the RIGHT to remain STONED !!!

    ( Cheech and Chong approve this story … )
    ( Wonder if ALEC BALDWIN took advantage of this … Puff, Puff… Like WOW MAN !!! Puff, Puff… check out this RADICAL gun !!! Hold my SPLIFF and watch this … )

  • Frank February 10, 2023, 6:35 pm

    Many of the same people on here who vehemently voice their displeasure with ILLEGAL aliens (who ILLEGALLY enter the United States), will light up a joint on the way home from their FFL, with a newly transferred firearm. Guess their ILLEGAL act is somehow “different”. If you don’t agree with the law, change it. There’s no room to complain if you’re caught violating the law. When I’m caught speeding, I thank the officer who hands me the ticket, and pay the fine.

    • Stan d. Upnow February 13, 2023, 12:13 am

      So, what about people who use marijuana in states where recreational use is LEGAL? And what about laws that are stupid & unjust? I guess if they pass an unConstitutional “law” banning All guns tomorrow, you’d be first in line to turn yours in. Yeah, any idiot who thanks a cop for handing him a ticket definitely would.

      • Frank February 15, 2023, 12:06 pm

        Your poor understanding of law, medicine, and many other disciplines is on full display. I’d explain how, but it would be a monumental waste of both keystrokes and my time. Go ahead and stay stoned. See how much that sharpens your self defense skills.

  • Get a grip February 10, 2023, 12:36 pm

    Bravo! For all you idiots that still believe pot makes you crazy, maybe y’all should roll one up and see that it in fact does the opposite. Alcohol is way worse than pot is.

  • Cosmic February 10, 2023, 10:43 am

    “In his ruling, Wyrick said that even though the government’s responsibility is to protect the public from dangerous people possessing guns”, What?? So, an American citizen could have his 2A rights revoked b/c of having a legal, medical marijuana card and yet our same government will allow open boarders, gun toting cartel members walking in with tons of fentinyl and somehow that’s not violating the, “government’s responsibility is to protect the public from dangerous people possessing guns”?? It just amazes me the thought process that some college educated, elected, appointed individuals will use!

  • Kenneth Ginn February 10, 2023, 10:25 am

    In my almost 70 years of experience, I believe alcohol users pose a greater safety issue than “pot smokers”. I have never experienced “mean pot smokers”, but many “mean drunks”.

    • FirstStateMark February 10, 2023, 10:49 am

      I agree with that!

  • L. February 10, 2023, 9:50 am

    What about all of those on Anti depressants or other mood altering drugs that US has made legal ? I have seen some very disturbing circumstances arise from their use and nobody says a thing about them, Because why? BIG pharma and many getting their pockets lined..Like stated above many states have already made marijuana ” legal ” and in the same breath many want to take your rights away because not everyone can seem to come to terms with it being legal

  • Eric February 10, 2023, 8:52 am

    This is great news! The idea that marijuana use makes a person “presumptively risky” is fundamentally dippy. There are more guns than people in the United States and half of us have admitted to trying marijuana. Do the math, man.

  • Nick February 10, 2023, 8:23 am

    Michael Brown and Trayvon Martin agree with this judge. As do the mass murderers in the study on the home page.

  • Kenneth Mcleod February 10, 2023, 6:07 am

    When you buy a gun you you know you can’t do drugs including pot, the law is the law, we’re so we draw the line? Until the federal government make it legal you still can’t smoke pot and own a gun and go shooting.

  • paul I'll call you what I want/1st Amendment February 10, 2023, 4:42 am

    You people want your pot then no guns! What’s next meth, coke, violent offenders should also have guns? A very small amount of people actually need it for medical reasons, you rest just want to get high. I would also point out that your liberal masters have done nothing on this……

    • Charles February 10, 2023, 10:01 am

      “…A very small amount of people actually need it for medical reasons….”
      But there is -absolutely NO- carve-out of this Federal infringement for those medical use prescriptions.
      The article notes that the plaintiff couldn’t produce the State-issued medical use card, but even IF he could have it wouldn’t avoid the consequences baked into the Federal infringement.
      Federal legislators must get off their over-paid behinds and deal with this 21st Century problem that is a direct hold over from a 20th Century prohibition.
      There are actually two (2) reasons that this is being allowed to persecute the citizenry.
      #1: No suitable detection equipment is available to law enforcement to determine inebriation status from utilizing the substance.
      AND, the truth be told,
      #2: This whole -conjured problem- is a bold-faced back door of gun control that is being used as a pile-on for charges to be used against an unfortunate that come to the attention of the goobermint control regime.
      Federal charges for perjury on a federal document are NOT to be ignored, unless you happen to be a preferred by the privileged class.
      Things have GOT TO change, otherwise dismal times (more so than NOW) are looming.

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