Marijuana Users May Be Excluded from New Rule to Regain Gun Rights in the US, Says DOJ
Proposal from the US Department of Justice was detailed in a publication by Marijuana Moment, which had access to the official document signed by Attorney General Pam Bondi
Published on 08/07/2025
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The United States Department of Justice (DOJ) has released a proposed rule that could restrict the rights of marijuana users – even in states where use is legal – to regain access to firearms. According to Marijuana Moment, individuals who use cannabis would be “presumably ineligible” to have their rights restored under the Second Amendment, unless they prove “extraordinary circumstances.”
The proposal, signed by Attorney General Pam Bondi and published last week, aims to guide the process of restoring gun rights for individuals who were disarmed based on federal law. However, the DOJ categorizes marijuana consumers and other “illegal substance users” as individuals demonstrating "disrespect for the law" and "potential dangerousness."
Federal Law Prohibits Guns for Drug Users — Even in States that Legalized Marijuana
The government's argument is based on Section 922(g)(3) of Federal Law, which prohibits the carrying and possession of firearms by drug users – including cannabis, even when legalized at the state level. This prohibition has been the subject of recent legal challenges, with courts questioning the constitutionality of the rule in certain situations.
Nevertheless, the DOJ reaffirms its position: "Individuals currently subject to the prohibitions of 922(g)(3)... would presumably be denied, as their condition indicates disrespect for the law and potential danger," the text states.
Proposal Allows for Exceptions, but Maintains Barriers for Active Marijuana Users
The proposal leaves room for case-by-case interpretations and emphasizes that the Attorney General "will not be limited by fixed criteria", being able to assess the entire history of the applicant. However, the text makes it clear that active users of illicit drugs, such as federally illegal marijuana, should expect a denial.
On the other hand, individuals with past convictions, but who are not current users, could be considered for the restoration of their rights, as long as they do not fall under the current prohibition of 922(g)(3).
Read the full text originally published on Marijuana Moment on July 29, 2025.
