The U.S. Court of Appeals for the Fifth Circuit, covering Louisiana, Mississippi, and Texas, reversed a conviction on January 6 related to firearm possession by an individual identified as an “unlawful user of or addicted to any controlled substance.” The substance involved was marijuana. This case, known as U.S. v. Daniels, contributes to ongoing legal discussions about broad “prohibited person” statutes under the Second Amendment’s “text, history and tradition” standard reaffirmed in New York State Rifle & Pistol Association v. Bruen.
In April 2022, Patrick Daniels Jr. was stopped by police for driving without a license plate. Officers detected marijuana odor during the stop and found burnt marijuana cigarette butts in his vehicle along with two loaded firearms. Daniels admitted regular marijuana use but did not appear to be under its influence at the time.
Daniels faced charges under 18 U.S.C. 922(g)(3), which prohibits firearm possession by illegal drug users or addicts. He was initially convicted and sentenced to nearly four years in federal prison but successfully appealed his conviction on grounds that it violated the Second Amendment.
However, after a Supreme Court decision in U.S. v. Rahimi directed the Fifth Circuit to reconsider Daniels’ case, the court upheld that while 922(g)(3) is not unconstitutional per se, it cannot apply solely based on habitual or occasional drug use without evidence of impairment during firearm possession.
Circuit Judge Jerry Smith noted that frequent and heavy illegal drug use might justify applying 922(g)(3) if it leads to continuous impairment even when not intoxicated at the moment.
The ruling highlights challenges amidst changing state laws regarding marijuana use; currently, many states permit its medical or recreational use despite federal prohibitions on cultivation and distribution. The inconsistency between state legality and federal enforcement complicates legal interpretations around firearms rights for marijuana users.
