Supreme Court to Hear Gun Rights for Pot Users

 

Cannabis Law in Flux: Supreme Court to Hear Gun Rights for Pot Users, States Grapple with Hemp, and a New Envoy to Iraq

Washington D.C. – October 26, 2025 – The landscape of cannabis law in the United States is undergoing rapid and complex changes, with a landmark Supreme Court case on the horizon, ongoing battles over hemp regulation, and surprising political appointments. This week’s developments highlight the continuing tension between evolving public acceptance of cannabis and persistent legal and regulatory hurdles.

Supreme Court to Tackle Gun Rights for Cannabis Users

In a highly anticipated move, the U.S. Supreme Court has agreed to hear United States v. Ali Danial Hemani, a case that could redefine Second Amendment rights for individuals who use marijuana. The case challenges a federal statute prohibiting “unlawful users of controlled substances” from possessing firearms. The Fifth U.S. Circuit Court of Appeals previously ruled that the blanket ban, as applied to Hemani, violated the Second Amendment under the Supreme Court’s 2022 Bruen framework, which requires gun regulations to align with historical tradition. The outcome of this case will have significant implications for cannabis users nationwide.

Hemp Industry Faces Regulatory Crossroads

The federal debate over hemp-derived THC products continues to intensify. Senator Rand Paul (R-KY) is advocating for legislation that would require the U.S. Department of Agriculture (USDA) to study best practices for regulating intoxicating hemp-derived cannabinoids, rather than imposing an immediate ban. This push for a regulatory reprieve comes as several state attorneys general are simultaneously calling for an outright prohibition on these products. The hemp industry sees this as a critical “pause-to-plan” phase, hoping for codified rules instead of a market collapse.

Trump Appoints Cannabis Mogul as Special Envoy to Iraq

In an unexpected political development, President Donald Trump has appointed Michigan-based cannabis businessman Mark Savaya as the new U.S. Special Envoy to Iraq. Savaya, owner of the Detroit dispensary chain Leaf and Bud, has no prior government experience. The appointment, announced on Trump’s Truth Social page, has raised questions about political patronage and the former president’s evolving stance on cannabis, given his past opposition to drug use alongside support for legalization efforts in Florida.

State-Level Cannabis Reforms and Crackdowns

Across the nation, states are navigating their own unique paths in cannabis regulation:

  • Ohio’s SB56: Ohio’s sweeping cannabis and hemp reform bill, SB56, redefines “hemp” and “total THC,” effectively closing the Farm Bill loophole that allowed high-THCA hemp products. The bill establishes explicit milligram limits for hemp-derived consumables, signaling a pre-emptive strike against unregulated intoxicants.
  • Wisconsin’s Cautious Step: The Wisconsin Senate is set to hear a new GOP-backed medical marijuana bill. While a significant first step, the proposal creates a limited program with tight restrictions, including no smokable cannabis and pharmacist-controlled dosages.
  • Florida’s Legalization Battle: A recent directive from the Florida Division of Elections to invalidate up to 200,000 petition signatures for a recreational marijuana initiative has sparked outrage, with accusations of deliberate interference in the legalization process.
  • Texas Expands Compassionate Use: The Texas Department of Public Safety (DPS) has adopted amendments to expand the state’s Compassionate Use/Low-THC Cannabis Program, increasing the number of licensed dispensaries from 3 to 15. Despite this expansion, the program remains strictly limited to low-THC, non-smokable forms.
  • Minnesota’s Licensing and Lab Preparations: The application window for “lower-potency hemp edible” licenses in Minnesota closes on October 31, 2025. Meanwhile, the state’s two licensed cannabis/hemp testing labs are ramping up operations in anticipation of a recreational cannabis market boom in early 2026.

Maryland Police Experiment with “Cannabis Green Lab”

In an unusual move, law enforcement in Maryland, including the Ocean City Police Department, is recruiting community volunteers to smoke marijuana in front of officers as part of a “Cannabis Green Lab.” The initiative aims to provide police with hands-on experience to better assess cannabis impairment, particularly in driving scenarios, reflecting the challenges of policing in a legalizing landscape.

The Bigger Picture

This week’s news underscores a central theme: while the momentum for cannabis legalization continues to build, the path is anything but smooth. From federal courts to state legislatures and local law enforcement, the forces of prohibition are adapting, often through complex legal and regulatory maneuvers. As the cannabis industry expands, advocates and businesses alike must remain vigilant and informed, recognizing that every challenge is also a confirmation of the ongoing shift toward a more legalized future.

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Thomas Howard

a seasoned cannabis business attorney, entrepreneur, and advocate with over a decade of hands-on experience navigating complex cannabis regulations across the United States. As the founder of Cannabis Industry Lawyer and co-host of Cannabis Legalization News, Tom has helped clients win cannabis licenses in multiple states, advised startups from seed to sale, and litigated key industry cases involving constitutional challenges and regulatory disputes. He’s personally built and launched cannabis businesses, giving him a rare combination of legal expertise and real-world operational insight. Tom has studied thousands of pages of cannabis laws and rules, testified on legalization issues, and regularly appears in media to break down developments in plain English. His mission: to fight outdated prohibition, empower entrepreneurs, and provide trustworthy, actionable information to anyone building a future in the legal cannabis industry.
Picture of Thomas Howard

Thomas Howard

a seasoned cannabis business attorney, entrepreneur, and advocate with over a decade of hands-on experience navigating complex cannabis regulations across the United States. As the founder of Cannabis Industry Lawyer and co-host of Cannabis Legalization News, Tom has helped clients win cannabis licenses in multiple states, advised startups from seed to sale, and litigated key industry cases involving constitutional challenges and regulatory disputes. He’s personally built and launched cannabis businesses, giving him a rare combination of legal expertise and real-world operational insight. Tom has studied thousands of pages of cannabis laws and rules, testified on legalization issues, and regularly appears in media to break down developments in plain English. His mission: to fight outdated prohibition, empower entrepreneurs, and provide trustworthy, actionable information to anyone building a future in the legal cannabis industry.

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