With the U.S. Supreme Court set to hear a case next week on the constitutionality of a federal gun ban for marijuana users, attorneys with the American Civil Liberties Union (ACLU) are feeling “hopeful” that justices will take their side over the Trump administration’s Justice Department and ultimately declare the current policy unlawful.
Oral arguments in the case, U.S. vs. Hemani, are scheduled for Monday. And after years of litigation on the issue in courts across the country, advocates are eager to see the cannabis and firearms issue resolved in their favor with justices agreeing that the statute known as Section 922(g)(3) violates the Second Amendment of the U.S. Constitution.
Brandon Buskey, director of ACLU’s Criminal Law Reform Project, is part of the legal team representing Ali Danial Hemani, who challenged his federal conviction under 922(g)(3) for unlawful possession of a gun as a person who regularly used cannabis.
Buskey discussed the case in an interview with Marijuana Moment on Tuesday, detailing how the organization plans to navigate the thorny legal issues that have divided lower courts, what questions it anticipates from the justices and how it is preparing to respond to DOJ’s likely claims.
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