Judge Rules Ban on Gun Possession
for Marijuana Users Unconstitutional

By Dean Weingarten. Feb 6, 2023

On May 20, 2022, the defendant, Jared Michael Harrison, was pulled over by the Lawton Police department for an alleged traffic violation. The officer smelled marijuana. Officers searched the car and found some marijuana and a pistol. Harrison was on bond from Texas and was wearing an ankle monitor.

Harrison was arrested and is awaiting trial. There are pending state charges. On August 17, 2022, a federal grand jury returned an indictment for possessing a firearm with the knowledge he was an unlawful user of marijuana, in violation of Statute 18 U.S.C. § 922(g)(3).

Harrison argued, among other things, the charge violated the Second Amendment under the Supreme Court Bruen decision. The United States District Court for the Western District of Oklahoma, Judge Patrick R. Wyrick presiding, heard the case. The court is in the jurisdiction of the Tenth Circuit Court of Appeals.

The Court found the prohibition on the possession of firearms as an unlawful user of marijuana was unconstitutional because there is no historical tradition of removing the right to keep and bear arms from people who use intoxicating substances. Here is a summation of the Court order. From the order, p. 1:

Before the Court is Defendant Jared Michael Harrison's Motion to Dismiss the Indictment (Dkt. 17), which argues that the statute he is charged with violating, 18 U.S.C. § 922(g)(3), is unconstitutionally vague, in violation of the Due Process Clause, and unconstitutionally infringes upon his fundamental right to possess a firearm, in violation of the Second Amendment. For the reasons given below, the motion is GRANTED.

Here is the exact wording of the statute in question. From Law.cornell.edu, 18 U.S.C. § 922(g)(3): [...] .....