A federal judge in Oklahoma ruled last week that the government's ban on marijuana users legally possessing guns is unconstitutional. 

The ruling comes in the case of Jared Harrison, who was pulled over by police in Lawton last May for failing to stop at a red light. After a search of his car, officers found a loaded revolver as well as assorted cannabis products ranging from THC gummies to smoked and unsmoked marijuana. As Harrison worked at a dispensary but was not one of the 400,000 Oklahomans with medical cannabis cards, he was charged with possessing a firearm while being an unlawful user of marijuana under federal law. Harrison subsequently argued to the court that the charge didn't jive with his Second Amendment rights. 

The court agreed, with Judge Patrick R. Wyrick, a 2019 appointment to the bench by President Trump, dismissing the indictment with prejudice, meaning it can't be brought back to court. 

"And so here we are, with the federal government now arguing that Harrison’s mere status as a user of marijuana justifies stripping him of his fundamental right to possess a firearm," wrote Wyrick in the conclusion of his 54-page ruling before going on to say, "For all the reasons given above, this is not a constitutionally permissible means of disarming Harrison."

Although marijuana is legal for recreational and/or medical use by adults in at least 37 states, it remains listed as a highly addictive and dangerous Schedule I drug with the federal government. It shares the same designation as ecstasy, heroin, and LSD. This has resulted in the Bureau of Alcohol, Tobacco, Firearms and Explosives maintaining a status quo that any sale or possession of firearms by those who use marijuana – even if it is otherwise allowed by state law– remains criminal.

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