A district attorney in Pennsylvania has filed a lawsuit against the federal government, claiming that the prohibition on gun ownership for medical marijuana users violates his constitutional rights.
The lawsuit seeks to protect the rights of millions of Americans
Robert Greene, the district attorney of Warren County, is a registered medical marijuana user who uses cannabis to treat his health conditions. However, because of his status, he is barred from buying or possessing firearms under federal law. This, he argues, is a violation of his Second Amendment right to keep and bear arms.
Greene is not alone in his predicament. According to the lawsuit, there are more than 4.5 million registered medical marijuana users in the United States, and 38 states have legalized medical cannabis in some form. The lawsuit claims that these millions of Americans are forced to choose between their medical treatment and their constitutional rights.
The lawsuit also challenges the federal classification of marijuana as a Schedule I substance, which means it has no accepted medical use and a high potential for abuse. The lawsuit contends that this classification is arbitrary, irrational, and outdated, and that it contradicts the scientific evidence and the state laws that recognize the medical benefits of cannabis.
The lawsuit is the first of its kind and has a notable plaintiff
The lawsuit, which was filed in the U.S. District Court for the Western District of Pennsylvania on Tuesday, is the first civil lawsuit of its kind to challenge the federal gun ban for medical marijuana users. Previous cases have involved criminal defendants who were prosecuted for possessing firearms and marijuana.
The lawsuit is also notable for having a district attorney as a plaintiff. Greene is the chief elected law enforcement official in his jurisdiction, and he says he intends to lawfully purchase, possess, and use firearms for self-defense and other lawful purposes. However, he is prevented from doing so by the federal law that he is now suing to overturn.
Greene is joined by the Second Amendment Foundation, a nonprofit organization that advocates for gun rights. The defendants in the lawsuit are the United States government, Attorney General Merrick Garland, FBI Director Christopher Wray, and ATF Director Steven Dettelbach.
The lawsuit faces an uphill battle in the courts
The lawsuit faces a number of legal hurdles and uncertainties. The federal government has not yet responded to the lawsuit, but it is likely to argue that the gun ban is a reasonable and necessary measure to prevent gun violence and drug trafficking. The government may also invoke the Supremacy Clause of the Constitution, which gives federal law precedence over state law in case of a conflict.
The lawsuit also has to contend with the precedent set by previous court rulings that have upheld the federal gun ban for medical marijuana users. For example, in 2016, the U.S. Court of Appeals for the Ninth Circuit ruled that the ban does not violate the Second Amendment, and that the government has a legitimate interest in preventing gun use by people who are impaired by drugs.
The lawsuit hopes to persuade the court to adopt a different interpretation of the Second Amendment and the federal marijuana law, and to recognize the changing attitudes and realities of medical cannabis in the country. The lawsuit also seeks to have the court declare the federal classification of marijuana as unconstitutional, and to enjoin the government from enforcing the gun ban against medical marijuana users.
