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America to the Feds: A Joint Doesn’t Cancel the Second Amendment

Most Americans back the Supreme Court’s unanimous call to stop stripping gun rights over cannabis — and the numbers cross every party line.

Todd Denkin by Todd Denkin
Jul 3, 2026
in Activism, Education, Featured, News, U.S.
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America to the Feds: A Joint Doesn’t Cancel the Second Amendment
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Turns out most Americans think you shouldn’t lose your gun rights just because you unwind with a little cannabis. Revolutionary stuff.

A new YouGov poll finds 55% of U.S. adults approve of the Supreme Court tossing the federal ban on gun ownership by cannabis consumers. Just 26% disagree. And here’s what should make politicians on both sides squirm: this isn’t a partisan slugfest. Republicans clocked 58% approval, independents 56%, Democrats 52%. When the GOP, the left, and the folks who can’t stand either party all nod along to something involving guns AND weed, that’s a political unicorn.

The backstory: on June 18, 2026, all nine justices — unanimously, which in 2026 basically qualifies as a miracle — ruled that criminalizing gun possession for cannabis users violates the Second Amendment. The case, U.S. v. Hemani, gutted Washington’s power to treat every pot smoker as a presumed threat. Justice Neil Gorsuch, no enemy of gun rights, wrote the opinion.

And here’s the detail the government would love you to skip over. The man at the center of the case, Ali Danial Hemani, was no sympathetic poster child. The feds actually suspected him and his family of terrorism-related activity and searched their Texas home on that basis. But here’s the kicker: they never charged him with any of it. When the dust settled, the only thing the government could pin on him was that he admitted using marijuana about every other day while keeping a securely stored handgun at home. That was the whole case. The scariest defendant they could put in front of the Court — and they still lost 9-0. Sit with that. If the federal gun ban can’t survive even when the government walked in with a terrorism suspicion, then the ban was never really about danger. It was about the plant.

The majority didn’t tiptoe. The government, they wrote, wanted the Court to accept that “anyone who regularly uses marijuana is categorically violent and dangerous without any further showing” — resting on “little more than its current say-so.” Gorsuch warned that handing the government “broad power to designate any group as dangerous and thereby disqualify its members from having a gun” would let it “quickly swallow” the Second Amendment. Translation from the bench: prove it or drop it. The government couldn’t.

Then the justices twisted the knife. They flatly noted that Washington’s own position is “at odds with” the Trump administration’s move to reschedule cannabis. You cannot reclassify weed as legitimate medicine with one hand and argue its users are too dangerous to hold a firearm with the other. Pick a lane.

Shooting range in Las Vegas.

About that 55% — because we don’t do pom-poms here

The poll question told respondents the ruling means people “cannot automatically be banned… solely because of their marijuana use.” Those two words — automatically and solely — do a lot of quiet lifting. Phrase it that gently and you’re practically coaxing a yes. The support is real and it’s a majority, but it’s a softer 55% than the headline suggests. We’d rather hand you that caveat than let a critic hand it to you.

READ MORE  Weed Mail Fail: Ontario's Pot Plan - A Government Monopoly Mix-Up

The paperwork is scrambling to catch up

Meanwhile the machinery is grinding into gear. The ATF — the agency that enforces 922(g)(3), the statute used to strip gun rights from drug users — acknowledged the ruling online, said it’s “reviewing the decision and assessing its impact,” and promised guidance “soon.” Back in May, ATF already floated a revised Form 4473 — the paperwork every gun buyer fills out — to reflect medical marijuana’s new federally legal footing. On top of that, the agency has an interim rule narrowing who even counts as an “unlawful user,” open for public comment through June 30. The dominoes were already falling before the gavel came down.

That marijuana rescheduling isn’t theoretical. On April 23, Acting AG Todd Blanche ordered state-licensed medical cannabis and FDA-approved marijuana products moved to Schedule III. A broader rescheduling hearing to consider moving all marijuana — recreational included — kicked off June 29. Blanche also hinted the administration might stop aggressively defending 922(g)(3) altogether — which, after a 9-0 loss, reads less like mercy and more like reading the room.

The road here was genuinely ugly

The Trump DOJ actually defended the ban, with Solicitor General D. John Sauer arguing that illegal-drug users “pose a greater danger” than people who drink. To satisfy the Court’s demand for a historical analogue, government lawyers reached for comparisons between cannabis consumers and — this is real — “the mentally ill and habitual drunkards.” Nineteen state attorneys general plus D.C. lined up behind the ban. Prohibitionist outfit Smart Approaches to Marijuana and 21 allied groups filed briefs painting weed as a violence-and-psychosis engine.

On the other side sat a coalition that almost never shares a table. The ACLU served as co-counsel representing Hemani, and the amici backing him ran clean across the ideological map: the NRA, the Cato Institute, NORML, the Drug Policy Alliance, criminal defense lawyers, and constitutional scholars. When the ACLU and the NRA are filing on the same side, the government’s case is already on life support.

Even the government’s own side splintered. Colorado’s governor publicly disowned his own attorney general for signing the pro-ban brief. Everybody saw the wall coming. The feds floored it anyway.

The bottom line — with the fine print intact

The Court said out loud what most Americans already believed: you don’t forfeit a constitutional right over a plant. But read the ruling before you celebrate too hard. It’s narrow and as-applied — Gorsuch went out of his way to limit it. This is not blanket permission for every cannabis consumer to walk into a gun shop tomorrow. Recreational users remain in federal limbo, the rescheduling relief so far touches medical and FDA-approved products, and that friendlier Form 4473 is still a proposal in a comment window, not active law. The direction is unmistakable. The finish line isn’t here yet.

What is settled: the government burned years and taxpayer dollars insisting your neighbor with a medical card is more dangerous than the guy pounding shots at the bar. The public wasn’t buying it. Nine justices weren’t either.

The ugly — don’t uncork the champagne yet

Here’s the part the victory-lap coverage skips: the whole rescheduling scaffolding this ruling leans on is under active legal attack. Prohibitionist outfits Smart Approaches to Marijuana and the drug-testing lobby have hauled the April order into the D.C. Circuit, demanding the court torch it entirely — and they’re being represented by Torridon Law, home to none other than Bill Barr, Trump’s own former Attorney General. So Trump’s DOJ is now in court defending Trump’s rescheduling order against Trump’s former AG. As of July 2, the government is fighting the stay. The reform is real, but the ground under it is still shifting — and a bad ruling could claw a chunk of it back. We’ll keep watching.

Tags: 922(g)(3)ACLUATFBill Barrcannabis policycannabis reschedulingD.C. CircuitForm 4473gun rightsmarijuana gun rightsNeil GorsuchNRASchedule IIIsecond amendmentSmart Approaches to Marijuanasupreme courtTodd BlancheU.S. v. HemaniYouGov poll
https://www.youtube.com/watch?v=4HK_hC_6WGs

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