On April 18, 2025, the U.S. Supreme Court approved a request from Solicitor General D. John Sauer, granting the Trump administration until June 5 to determine whether to appeal the Eighth Circuit Court of Appeals’ decision. The case stems from the prosecution of Keshon Daveon Baxter, who was charged under 18 U.S.C. § 922(g)(3) for possessing a firearm while actively using marijuana.
The Eighth Circuit partially reversed Baxter’s conviction, stating that further factual findings were needed to resolve whether the firearm prohibition violated Baxter’s Second Amendment rights. The decision marked a significant moment in ongoing legal battles over cannabis and gun ownership.
Legal Implications of the Extension
By granting additional time, the Supreme Court enables the Solicitor General’s office to carefully assess the broader implications of pursuing an appeal. An appeal could lead to a landmark ruling clarifying whether cannabis users can lawfully possess firearms under federal law. Conversely, allowing the lower court decision to stand might embolden other challenges to 18 U.S.C. § 922(g)(3).
The outcome carries profound implications not only for cannabis users but also for firearm regulations nationwide. It reflects broader constitutional debates about how federal prohibitions intersect with evolving state cannabis policies.
Broader Context of Cannabis and Gun Rights
Recent federal court decisions have increasingly scrutinized firearm restrictions based on marijuana use, particularly in light of the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen. That decision established a standard requiring gun regulations to align with the nation’s historical tradition of firearm control.
Courts have cited Bruen to argue that banning cannabis users from owning guns lacks historical precedent. Legal scholars note that this shift could dramatically reshape federal firearm laws if extended to other categories, such as alcohol or prescription drug users.
Advocacy Groups and Industry Response
Gun rights organizations, including the Firearms Policy Coalition, support challenging the marijuana-related firearm ban. They argue that the federal statute unfairly criminalizes individuals based on lawful behavior under state law and undermines constitutional rights.
Cannabis advocates also view this case as pivotal. Many argue that continued federal prohibitions on gun ownership by cannabis consumers unjustly penalize individuals who follow their state’s legalization laws.
Anticipated Next Steps
The Trump administration’s decision, expected by June 5, will determine whether the Supreme Court hears the case. If appealed, the outcome could fundamentally alter firearm laws and redefine the relationship between federal drug policy and constitutional rights. If no appeal is filed, the Eighth Circuit’s remand will proceed, setting a precedent for future challenges.
Either way, the cannabis and firearms industries, along with civil rights advocates, are watching closely for the next major move.
