OKLAHOMA CITY — A federal judge in Oklahoma has ruled that a federal law prohibiting people who use marijuana from owning firearms is unconstitutional, the latest challenge to firearms regulations after the U.S. Supreme Court’s conservative majority set new standards for reviewing the nation’s gun laws.
People smoke cannabis outside the Smacked "pop up" cannabis dispensary location on Jan. 24 in New York.
Lawyers for Jared Michael Harrison had argued that their client’s Second Amendment right to bear arms was being violated by a federal law that makes it illegal for “unlawful users or addicts of controlled substances” to possess firearms.
Harrison had been charged after being arrested by police in Lawton, Oklahoma, in May 2022 following a traffic stop. During a search of his car, police found a loaded revolver as well as marijuana. Harrison told police he had been on his way to work at a medical marijuana dispensary, but that he did not have a state-issued medical-marijuana card.
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His lawyers had argued the portion of federal firearms law focused on drug users or addicts was not consistent with the nation’s historical tradition of firearm regulation, echoing what the U.S. Supreme Court has ruled last year in a case known as New York State Rifle & Pistol Association v. Bruen. That case set new standards for interpreting the Second Amendment.
Federal prosecutors had argued that the portion of the law focused on drug users is “consistent with a longstanding historical tradition in America of disarming presumptively risky persons, namely, felons, the mentally ill, and the intoxicated.”
U.S. District Judge Patrick Wyrick in Oklahoma City agreed with Harrison’s lawyers, ruling on Friday that federal prosecutors’ arguments that Harrison’s status as a marijuana user “justifies stripping him of his fundamental right to possess a firearm … is not a constitutionally permissible means of disarming Harrison.”
U.S. President Joe Biden's decision to pardon thousands of Americans convicted of "simple possession" of marijuana under federal law is drawing praise from activists and advocacy groups. The administration has taken a dramatic step toward decriminalizing the drug and addressing charging practices that disproportionately impact people of color. "Pardoning and removing permanent federal records for simple marijuana possession. We're talking about folks like me who literally had half a joint on them. That's something that really can follow you the rest of your life," said Chris Goldstein who has been an advocate with the National Organization for the Reform of Marijuana Laws, better known as NORML. Goldstein himself had a federal conviction for a very small amount of marijuana, "half a joint," he said. "There is no other way to clear a federal marijuana possession record other than a presidential pardon," he said. Biden's move also covers thousands convicted of the crime in the District of Columbia. And he is also calling on governors to issue similar pardons for those convicted of state marijuana offenses, which reflect the vast majority of marijuana possession cases.
“But the mere use of marijuana carries none of the characteristics that the Nation’s history and tradition of firearms regulation supports,” said Wyrick, who was appointed by former President Donald Trump. In his ruling, Wyrick highlighted that under Oklahoma law, marijuana can be bought legally at more than 2,000 store fronts in the state.
Attorneys for Harrison, as well as the U.S. Attorney’s Office for the Western District of Oklahoma, which was prosecuting the case, did not immediately return emails seeking comment.
The ruling came a day after a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans on Thursday ruled that the government can’t stop people who have domestic violence restraining orders against them from owning guns. The panel referenced the Bruen decision in its ruling. Two of the three judges on the panel are Trump appointees.
The Justice Department has said it will seek further review of the appeals court’s decision.
In September, a federal judge in Midland, Texas, ruled that a firearms law that bans those under felony indictment from buying guns is unconstitutional. In that case, U.S. District Judge David Counts, also a Trump appointee, also echoed the Supreme Court’s language in the Bruen case, saying there was “little evidence” the ban related to being under indictment “aligns with this Nation’s historical tradition.”
25 most commonly used recreational drugs in America
America's vices: Alcohol, tobacco and more
From alcohol to cigarettes, most adults have tried some form of recreational drug. Fewer people have experimented with prescription medication for recreational reasons, but certain areas of the country are experiencing a serious problem with opoid addiction. Other drugs like cocaine and LSD, are used sporadically among adults in the U.S.
Using data from the Substance Abuse and Mental Health Data Archive, the experts at HealthGrove, a health data site, ranked the 25 most commonly used recreational drugs. The substances are ordered by the increasing percentage of people age 12 and over who used the drug recreationally in 2015. In the case of a tie, the drug with a higher classification by the Drug Enforcement Administration (DEA) is ranked higher.
To collect this data, SAMHDA conducts the annual National Survey on Drug Use and Health, in which they record use of illicit drugs, alcohol and tobacco in the U.S. population aged 12 or older. It is important to note that this data only includes recreational use of drugs, not proper medical use.
Drugs that are legal, alcohol and tobacco, have the highest recreational use. According to the survey, nearly one in five people over the age of 12 also used marijuana in 2015. As the drug becomes legal in more states, recreational use is likely to increase. Other Schedule I drugs (drugs determined to have no medical benefit by the DEA) including heroin and DMT had a recreational prevalence rate of less than 1 percent in 2015.
Note: Not all images in slideshow depict the exact drugs.
#25. Ketamine
Recreational use prevalence (2015): 0.17 percent
Drug category: Hallucinogen
DEA Schedule: III
Common forms: Liquid, powder
#24. Oxymorphone
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Recreational use prevalence (2015): 0.18 percent
Drug category: Opioid
DEA Schedule: II
Common forms: Tablet
#23. DMT
Recreational use prevalence (2015): 0.2 percent
Drug category: Hallucinogen
DEA Schedule: I
Common forms: Powder, crystal
#22. Carisoprodol (Soma)
Recreational use prevalence (2015): 0.21 percent
Drug category: Tranquilzer
DEA Schedule: IV
Common forms: Pill
#21. Methadone
Recreational use prevalence (2015): 0.23 percent
Drug category: Opioid
DEA Schedule: II
Common forms: Tablet, dispersible tablet, liquid
#20. Lorazepam (Ativan)
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Recreational use prevalence (2015): 0.33 percent
Drug category: Sedative
DEA Schedule: IV
Common forms: Pill, capsule, liquid
#19. Morphine
Recreational use prevalence (2015): 0.37 percent
Drug category: Opioid
DEA Schedule: II
Common forms: Tablet, liquid, capsule, suppository
#18. Buprenorphine
Recreational use prevalence (2015): 0.38 percent
Drug category: Opioid
DEA Schedule: III
Common forms: Pill
#17. Heroin
Recreational use prevalence (2015): 0.39 percent
Drug category: Opioid
DEA Schedule: I
Common forms: Powder, tar
#16. Zolpidem (Ambien)
Recreational use prevalence (2015): 0.45 percent
Drug category: Sedative
DEA Schedule: IV
Common forms: Pill, capsule, liquid
#15. Diazepam (Valium)
Recreational use prevalence (2015): 0.54 percent
Drug category: Tranquilzer
DEA Schedule: IV
Common forms: Pill, capsule, liquid
#14. Clonazepam (Klonopin)
Recreational use prevalence (2015): 0.6 percent
Drug category: Tranquilzer
DEA Schedule: IV
Common forms: Pill
#13. Methylphenidate (Ritalin)
Recreational use prevalence (2015): 0.61 percent
Drug category: Stimulant
DEA Schedule: II
Common forms: Liquid, tablet, capsule
#12. Methamphetamine
Recreational use prevalence (2015): 0.68 percent
Drug category: Stimulant
DEA Schedule: II
Common forms: Powder, pill, crystal
#11. Tramadol
Recreational use prevalence (2015): 0.77 percent
Drug category: Opioid
DEA Schedule: IV
Common forms: Pill
#10. LSD
Recreational use prevalence (2015): 1.07 percent
Drug category: Hallucinogen
DEA Schedule: I
Common forms: Tablet, capsule, liquid, paper
#9. MDMA (Ecstasy/Molly)
Recreational use prevalence (2015): 1.5 percent
Drug category: Hallucinogen
DEA Schedule: I
Common forms: Tablet, capsule, liquid
#8. Alprazolam (Xanax)
Recreational use prevalence (2015): 2.05 percent
Drug category: Tranquilzer
DEA Schedule: IV
Common forms: Pill, capsule, liquid
#7. Oxycodone (OxyContin)
Recreational use prevalence (2015): 2.05 percent
Drug category: Opioid
DEA Schedule: II
Common forms: Capsule, liquid, tablet
#6. Cocaine
Recreational use prevalence (2015): 2.19 percent
Drug category: Stimulant
DEA Schedule: II
Common forms: Powder, crystal
#5. Amphetamine (Adderall)
Recreational use prevalence (2015): 2.8 percent
Drug category: Stimulant
DEA Schedule: II
Common forms: Tablet, capsule
#4. Hydrocodone (Vicodin)
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Recreational use prevalence (2015): 3.17 percent
Drug category: Opioid
DEA Schedule: II
Common forms: Pill
#3. Marijuana
Recreational use prevalence (2015): 17.68 percent
Drug category: Depressant
DEA Schedule: I
Common forms: Plant, resin, oil
#2. Tobacco
Recreational use prevalence (2015): 31.1 percent
Drug category: Stimulant
DEA Schedule: N/A
Common forms: Cigarette, cigar, bidi, hookah, snuff, chew
#1. Alcohol
Recreational use prevalence (2015): 61.42 percent
Drug category: Depressant
DEA Schedule: N/A
Common forms: Liquid
