In a unanimous ruling, the Court the rejected arguments that marijuana use is a per se probation violation because the substance remains federally illegal.
Category: Courts
“Our Constitution protects people, not stereotypes, and it does not permit the government to convert cannabis use alone into a categorical mark of civic unworthiness.”
New Jersey’s adult-use marijuana legalization law explicitly precludes employers from taking any adverse actions against workers “simply for testing positive for cannabinoid metabolites, or for using cannabis, so long as it is not used during the workday and the employee is not intoxicated or impaired at work.”
“The government may not categorically disarm responsible adults solely because they use cannabis, absent any showing of habitual use and dangerousness. The Second Amendment protects individuals, not status-based classifications, and the historical tradition the Court requires does not support such a blanket prohibition.”
“The historical analogs the government identifies concern temporary restrictions on carrying or firing weapons while intoxicated or on persons adjudged dangerous — not blanket bans on all users of a disfavored substance.”
“Neither past nor current cannabis use should automatically preclude someone from legal protections explicitly provided by the US Constitution.”
This ruling is “a huge win for freedom. No medical cannabis patient should have to choose between their rights to their medicine or their right to bear arms.”
Eighty-one percent of San Marcos voters approved the 2022 ordinance prohibiting local police from either arresting or citing people for Class A or Class B marijuana misdemeanors.
