District Judge Finds Gun Ban for Marijuana Users Unconstitutional

On Friday, U.S. District Judge Patrick R. Wyrick dismissed an indictment against Jared Michael Harrison, holding that the statute relied upon to ban gun ownership by marijuana users is “unconstitutionally vague, in violation of the Due Process Clause, and unconstitutionally infringes upon his fundamental right to possess a firearm, in violation of the Second Amendment.”

Harrison was indicated by a federal grand jury on August 17, 2022, for possessing a firearm while being an “unlawful user of marijuana,” with 18 U.S.C. § 922(g)(3) being relied upon in the indictment.

Statute 18 U.S.C. § 922(g)(3) bans firearm possession for anyone “who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act).”