Are Cannabis Users Being Stripped Of Constitutional Rights?

What Is the Concern 

Due to U.S. President Donald Trump’s recent reclassification of cannabis from a Schedule I controlled substance to a Schedule III controlled substance, debate has sparked within both the government and the public over whether cannabis users have the right to bear arms under the Second Amendment.

What Is the Argument 

The U.S. Centers for Disease Control and Prevention (CDC) estimates that, as of 2021, 19% of U.S. citizens use the Cannabis sativa plant for recreational or medicinal purposes. That is roughly 1 in every 5 Americans who are unable to exercise their Second Amendment rights under the Constitution provided to us by our Founding Fathers.

As of May 2026, cannabis remains illegal nationwide at the federal level. However, 24 states, including our nation’s capital, have legalized recreational (adult-use) cannabis, and 40 states in total have legalized medicinal cannabis. This leaves the United States almost evenly split on recreational legalization. With this growing public acceptance and continued policy reform at the state level, is it time for the federal government to change its policy on cannabis, especially in conjunction with firearm ownership?

Looking back to the era of our Founding Fathers, it was customary for some founding-era militias and public figures to use various substances that would today be considered controlled substances. Even Thomas Jefferson reportedly possessed firearms while using substances such as opium-based medicines that were common during his time. So why is it that modern-day Americans may have their Second Amendment rights restricted due to consuming a substance that is commonly considered less dangerous than alcohol, which is responsible for approximately 178,000 American deaths annually according to the CDC?

According to the Drug Enforcement Agency (DEA) Schedule III controlled substances are defined as having a moderate-to-low potential for physical and psychological dependence, with abuse potential less than that of Schedule I or II drugs. They are accepted for medical use in the U.S. and require a prescription. But with states increasingly making Cannabis available for recreational purposes it’s only natural that we’d assume it would have the same legal binding as other harmful substances such as alcohol. 

In Conclusion

According to U.S. federal code Under 18 U.S.C. § 922(g)(3), it is illegal for any "unlawful user of or addicted to any controlled substance" to possess firearms or ammunition. But with the recent classification from Schedule I to Schedule III we can hope to see the federal code to be rewritten to allow not just recreational users but also medicinal users to reclaim their 2nd amendment right. Especially those that are stripped of that right for seeking a medical alternative proven to be less harmful than other prescription medications.