Kobach celebrates this SCOTUS decision on marijuana and guns

Kansas Attorney General Kris Kobach’s opposition to marijuana and support for the Second Amendment collided Thursday, and guns won.

Kobach, who has lobbied against legalization of marijuana and initiated raids on smoke and vape shops allegedly selling THC products, celebrated a unanimous decision by the U.S. Supreme Court that clarified that recreational drug users who are otherwise law-abiding citizens do not forfeit their right to own and possess guns.

The ruling struck down an attempt by the Biden administration in 2023 to convict Ali Hemani under 18 U.S.C. § 922 (g)(3) — which makes it a felony for someone who is an “unlawful user of” or “addicted to” a controlled substance to possess a firearm. Hemani was charged as an “unlawful user” because he was a marijuana user who also owned a firearm that was safely secured in his home for self-defense.

The Supreme Court rejected arguments by the Trump administration that the government’s ban was rooted in historical precedence and that marijuana users are “categorically violent and dangerous.”

“Excellent unanimous decision today by SCOTUS in the case of US V Hemani,” Kobach posted on social media. “The court correctly held that a statute barring a person who periodically uses marijuana from possessing a firearm violates the 2nd Amendment.”

It’s unclear how the ruling will affect Kansas state laws, if at all. The ruling seems to be in conflict with Kobach’s existing guidance to gun owners on the attorney general’s website under the FAQ section.

Under the question, “Can I get a medical marijuana card and still carry a firearm,” Kobach’s answer is “No.”

“A person who is issued a medical marijuana card is considered to be an unlawful user of controlled substances and is therefore prohibited both federally and in the state of Kansas from being in possession of a firearm,” the AG’s guidance says. “This prohibition lasts as long as the card is valid and for one full year after the card expires.”

Kobach’s office did not immediately respond Thursday to questions about whether the Supreme Court decision would change his position on gun possession for medical marijuana cardholders.

Kobach has long been a champion of restoring firearms rights to people who have had certain felony convictions expunged, including for drug charges and other nonviolent crimes not involving firearms.

In a rare moment of legal history, Kobach found himself in agreement with the American Civil Liberties Union, an organization he has battled for more than a decade in high-profile cases over voting rights, executive actions and civil liberties. The ACLU represented Hemani along with several other law firms.

“Today’s unanimous 9-0 decision makes it clear that the government cannot make it [a] crime for people to own a gun, which the Supreme Court has held is a fundamental constitutional right, simply because they use marijuana,” Cecillia Wang, legal director at the ACLU, said in a news release. “With nearly half of Americans reporting marijuana use at some point in their lives, this ruling protects the rights of millions and curbs the government’s ability to impose arbitrary and discriminatory penalties. 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.”