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Supreme Court sides with a Texas man who says it’s not a crime for marijuana users to have guns * 4
    #29606544 -

Supreme Court sides with a Texas man who says it’s not a crime for marijuana users to have guns
apnews.com

By Lindsay Whitehurst

WASHINGTON (AP) — The Supreme Court ruled Thursday against a broad federal ban on gun ownership by marijuana users, the latest in a line of firearm cases from a court that has expanded gun rights.

The justices decided unanimously in favor of Ali Danial Hemani, a Texas man who argued that a law barring guns from anyone who uses illegal drugs violates the Second Amendment.

Justice Neil Gorsuch wrote that his opinion narrowly limits the government’s power to take guns away from drug users who are not considered dangerous. Hemani was not charged with any other crimes or accused of using the weapon under the influence.

The decision is a loss for President Donald Trump’s Republican administration, which had defended the 1968 law despite arguing against other gun restrictions. The measure was also used in a case against Hunter Biden, who was convicted in Wilmington, Delaware, of buying a gun while addicted to cocaine in 2018. He was later pardoned by his father, then-President Joe Biden, a Democrat.

Someone addicted to a drug could potentially still be prosecuted after Thursday’s decision.

“We do not address efforts to ban addicts, or those presently intoxicated, from possessing a firearm,” Gorsuch wrote. Prosecutors could charge a marijuana user if they had evidence the person was dangerous, he said.

But there are millions of people who now use marijuana, which is broadly legal in about half the states and has gained widespread use for health purposes.

“Whatever one thinks of these developments, the federal government has not just tolerated them; it helped fuel them,” Gorsuch wrote. “All of which leaves it awkwardly positioned to suggest that the millions of Americans who now regularly use marijuana are categorically and unusually dangerous.”

Recreational use remains illegal on a federal level even after the Trump administration reclassified medical marijuana as a less-dangerous drug in April.

The case made for some unusual political alliances.

The American Civil Liberties Union and the National Rifle Association supported Hemani’s case, as did cannabis legalization groups such as NORML. On the other side were gun safety groups including Everytown that usually oppose the administration on Second Amendment issues.

The ACLU applauded the ruling, saying that nearly half of Americans have reported using marijuana at some point in their lives.

“The court has sent a strong message that the government cannot criminalize the conduct of large numbers of people by making categorical and unfounded assumptions about whether they are dangerous,” said Cecillia Wang, legal director at the ACLU.

The group Smart Approaches to Marijuana, which opposes legalization, condemned the court’s decision.

“While the justices in this case appear to be most concerned with historical battles over Second Amendment rights, public health and safety are the collateral damage in this decision,” said CEO Kevin Sabet.

It is rare to see standalone criminal charges filed against people accused solely of owning guns and using drugs. The charge is more often filed against people also accused of other crimes.

The opinion is the latest in a series of firearm cases to reach the Supreme Court since its landmark ruling expanding gun rights in 2022 led to a wave of challenges around the country.

Since then, the high court has upheld a law aimed at protecting victims of domestic violence and strict regulations on ghost gun kits but has struck down a ban on bump stocks, an accessory that enables rapid fire. The justices are also considering a second firearm case this term over strict regulations on carrying guns in Hawaii.

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Re: Supreme Court sides with a Texas man who says it’s not a crime for marijuana users to have guns [Re: Ythan]
    #29608004 -

Quote:
Yes, police officers are allowed to take prescription psychiatric medications and narcotics, provided they are legally prescribed by a physician and do not impair their ability to safely perform their duties.

Because police departments are bound by the Americans with Disabilities Act (ADA), they cannot automatically disqualify or fire an officer simply for taking a legitimate medication. However, because law enforcement is a safety-sensitive role involving firearms and driving, strict operational rules apply.

Psychiatric Medications
The vast majority of psychiatric medications are fully permitted and common in law enforcement. Occupational guidelines from organizations like the American College of Occupational and Environmental Medicine (ACOEM) emphasize evaluating an officer's actual job performance rather than restricting them purely based on a mental health treatment.Allowed without restriction: Standard, non-sedating medications for depression, anxiety, and PTSD—such as SSRIs (e.g., Lexapro, Prozac) and SNRIs—are generally approved.

Allowed with documentation: Stimulants for ADHD (e.g., Adderall, Ritalin) trigger positive results on standard drug screens. Officers must provide proof of a current, legal prescription to pass department drug tests.Subject to scrutiny: Heavy sedatives or minor tranquilizers like benzodiazepines (e.g., Xanax, Valium) can cause drowsiness, slower reaction times, and cognitive impairment. If a doctor notes that a medication causes impairment, the officer must report it to a supervisor.

Prescription Narcotics
(Opioids)Narcotic pain relievers (e.g., Vicodin, Oxycodone, Percocet) are treated with much stricter oversight because they are highly addictive and heavily sedating.Short-term use: If an officer is recovering from surgery or a line-of-duty injury, they are permitted to take prescribed opioids. However, standard department policies dictate that they cannot work active duty while actively taking modifying or intoxicating narcotics.Modified duty: While taking prescription narcotics, an officer is typically placed on light duty, administrative desk work, or medical leave until the course of medication is complete and the drug clears their system.Chronic use: Long-term, daily use of narcotic pain relievers is generally incompatible with active patrol duties due to the permanent risk of impaired motor control and decision-making during high-stress encounters.

Department Disclosures and Drug Testing
Every law enforcement agency operates under its own specific internal affairs policy, but the standard protocol across the U.S. includes:The Impairment Standard: If any substance—prescription or over-the-counter—causes drowsiness or slow reflexes, the employee must notify their supervisor before starting their shift.

Medical Review Officer (MRO):
When random drug tests occur, a positive result for a narcotic or stimulant goes to an MRO. The officer must submit their pharmacy records; if verified, the test is marked as a "pass".



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Re: Supreme Court sides with a Texas man who says it’s not a crime for marijuana users to have guns *DELETED* [Re: durian_2008]
    #29608180 -

Post deleted by WhoManBeing

Reason for deletion: .

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Re: Supreme Court sides with a Texas man who says it’s not a crime for marijuana users to have guns [Re: WhoManBeing]
    #29608773 -

No offense is intended toward present company. 

:rolljoint:

But, there is part of me that dislikes employees who lose Atre's truck keys.

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