Explore The NRA Universe Of Websites

APPEARS IN News

U.S. Appellate Court Issues Case on Marijuana Use and Firearm Possession

Monday, January 13, 2025

U.S. Appellate Court Issues Case on Marijuana Use and Firearm Possession

Last Monday, the U.S. Court of Appeals for the Fifth Circuit – which encompasses Louisiana, Mississippi, and Texas – reversed the conviction of a man under a federal law that prohibits firearm possession by one who is an unlawful user of or addicted to any controlled substance{.]” The substance in question was marijuana. The case, U.S. v. Daniels, adds to a growing body of law critically re-examining broad prohibited person” statutes under the U.S. Supreme Courts “ text, history and tradition” standard of review for Second Amendment cases reaffirmed in New York State Rifle & Pistol Association v. Bruen.

In April 2022, police officers pulled over Patrick Daniels, Jr., for driving without a license plate. One smelled marijuana while approaching the vehicle, searched it, and found burnt butts from several marijuana cigarettes in the ashtray. He also found two loaded firearms, one within arms reach and one nearby in the trucks back seat.

Daniels was arrested and transported to the local U.S. Drug Enforcement Agency office. He waived his Miranda rights and admitted he had been a regular marijuana user since high school, smoking the drug approximately fourteen days out of a month.” The agents did not, however, ascertain or render an opinion as to whether Daniels was under the influence of marijuana at the time of his arrest.

Daniels was charged under 18 U.S.C. 922(g)(3) (which codifies the above-mentioned prohibition), convicted, and sentenced to nearly four years in federal prison. Daniels successfully appealed his conviction, with a prior Fifth Circuit opinion finding that applying 922(g)(3) to his case violated the Second Amendment.

But the U.S. Supreme Court overturned that opinion and ordered the Fifth Circuit to rehear Danielss case in light of the high courts opinion in U.S. v. Rahimi, which held that [w]hen an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed” consistent with the Second Amendment. Rahimi had been convicted under a different federal statute that applies to a person subject to a domestic violence order of protection, issued after a finding that the person represents a credible threat to the physical safety of [an] intimate partner or child [of such intimate partner.]”

Mondays opinion was the result of the Fifth Circuits reconsideration of its prior decision in Daniels. As before, the Fifth Circuit determined that 922(g)(3) was not per se unconstitutional and allowed the statute itself to stand. The judges agreed the statute could be validly applied where the accused was determined to be actively impaired by illegal drug use at the time of the firearm possession.  They also agreed it could not be constitutionally applied where it seeks to disarm an individual solely based on habitual or occasional drug use.’”

Circuit Judge Jerry Smith, who authorized Mondays opinion, further opined 922(g)(3) might be applicable where the illegal drug use was so regular and heavy that it rendered the person continually impaired,” even when not acutely intoxicated.

In Danielss case, however, the jury was allowed to find him guilty on a determination that the unlawful use has occurred recently enough to indicate that the individual is actively engaged in such conduct.” This language was included in a regulation ATF promulgated to implement 922(g)(3). Yet the Daniels court found it doom[ed his} conviction” because it could apply to the sort of habitual or occasional drug use” that has no historical basis under the Second Amendment as grounds for a lifetime firearm prohibition.

The Fifth Circuits decision is especially relevant, given the nations shifting legal landscape over marijuana possession and use. A marijuana advocacy group reports that 28 U.S. states and territories now allow for legal marijuana use under at least some circumstances. The number increases to 47 states and territories where only medical use is considered.

Marijuana use is no longer limited to the domain of indigenous religious customs or youth-oriented counterculture and now includes a wide variety of people who use it for medicinal or recreational reasons. Many of these individuals are otherwise law-abiding and productive members of their communities and want to exercise their right to keep and bear arms. 

Yet federal law continues to ban outright the cultivation, possession, and distribution of marijuana, as well as the possession of marijuana paraphernalia.

This has led to a confusing regulatory landscape. The Biden-Harris administration, for example, has taken a hands-off approach to enforcing federal laws in the context of marijuana commerce or use that is lawful in the jurisdiction in which it occurs. Yet the ATF has since the Obama-Biden administration remained contradictorily committed to enforcing 922(g)(3) against marijuana users, even those complying with the laws of their states.

Whatever position one takes on the use of marijuana, Americans deserve laws that are clear, that are consistently and fairly applied, and that comply with the U.S. Constitution, as it was understood when it was adopted and amended in relevant respects. As the Daniels case indicates, the country is still struggling to reach that standard when it comes to marijuana use and firearms. 

TRENDING NOW
What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

NRA Files Lawsuit Challenging New York’s Glock Ban

Friday, August 14, 2026

NRA Files Lawsuit Challenging New York’s Glock Ban

The National Rifle Association, Second Amendment Foundation, Firearms Policy Coalition, the Firing Pin, LLC, and NRA members Lucas Nelson and Daniel Geary filed a lawsuit today challenging New York’s ban on Glock and “Glock-style” handguns.

ATF Director Corrects Gun Control Advocates on Regulatory Reform

News  

Monday, August 17, 2026

ATF Director Corrects Gun Control Advocates on Regulatory Reform

In a stark departure from the last administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives is taking gun control advocates to task for their sensationalist rhetoric and questionable legal claims. 

DOJ’s Post Office Directive Marks Another Second Amendment Milestone

News  

Monday, August 17, 2026

DOJ’s Post Office Directive Marks Another Second Amendment Milestone

For decades, federal law and United States Postal Service regulations turned one of the most ordinary stops in American life, your local post office, into a federal “gun free zone.”  That changed on August 12 with ...

NRA Joins Legal Fight Against Colorado’s Permit-to-Purchase Law for Semiautomatic Firearms

Wednesday, August 12, 2026

NRA Joins Legal Fight Against Colorado’s Permit-to-Purchase Law for Semiautomatic Firearms

The National Rifle Association has joined the legal fight against SB25-003, Colorado’s permit-to-purchase scheme for certain semiautomatic firearms.

M14s Added to CMP Roster

News  

Monday, August 3, 2026

M14s Added to CMP Roster

Since 1903, the Civilian Marksmanship Program (CMP) has served a critical role in promoting America’s continued excellence in marksmanship and firearms safety by providing firearms education, training, and competitions nationwide

Meet the New Far Left; Same as the Establishment Left on Guns

News  

Monday, August 17, 2026

Meet the New Far Left; Same as the Establishment Left on Guns

Primary election season is winding down, and the final slates of candidates in most states have emerged ahead of the 2026 fall elections. Second Amendment issues may or may not have been front in center ...

DOJ Challenges Maryland County for Violating Constitutional Rights

News  

Monday, August 10, 2026

DOJ Challenges Maryland County for Violating Constitutional Rights

When the federal government no longer sits on the sidelines and files its own lawsuit to protect the Second Amendment, pay attention. When the federal government is not just offering another amicus brief about their ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.