Court rulings have not exactly cleared the air.
Last week, Federal District Judge C.J. Williams ruled against an Iowa man’s challenge to the federal prohibition. The decision stated the ban is aligned with the Second Amendment, and therefore the charges brought against the man for owning guns and using marijuana may stand.
Judge Williams ruled that federal law stands the test applied by the Supreme Court in New York State Rifle and Pistol Association v. Bruen. In other words, the law is consistent with the U.S. tradition of regulating the possession of firearms by criminals.
The court decision further muddied the waters. In February, U.S. District Judge Patrick Wyrick dismissed the indictment of a man charged with violating the federal ban. He ruled that the law violated his right to keep and bear arms under the Second Amendment.
In April, Judge Kathleen Cardone dismissed charges against an El Paso woman for using marijuana while owning firearms.
Then in August, the federal law was yet again found unconstitutional, this time by the Fifth Circuit Court of Appeals. That case involved a Mississippi man also charged with owning guns while being a marijuana user.
Despite the confusion, there is a clear outcome that those on both sides of the constitutional debate should desire. With increasingly conflicting rulings, it should be up to the U.S. Supreme Court to settle the issue of gun rights combined with marijuana use.
Currently 38 states, three territories and the District of Columbia allow marijuana use for medicinal purposes. Further, 23 states along with two territories and the District of Columbia allow for its recreational use.
With tens of millions of lawful gun owners in the U.S., this is bound to continue to create conflict between national and state laws. The high court should step in and settle the issue.
