The Trump administration has asked the Supreme Court to review a case that could restrict regular marijuana users' ability to possess firearms. It's the first time a firearms case has appeared before the court since 2022.
While arguments won't likely begin until 2026, the case has already sparked debate in Montana, a state where marijuana is legal and gun ownership is high.
Hear the debate from both sides in the video below:
"Statistically, whatever the conservative side of this is, is more likely to be favored, just because of the numbers," said Dr. Paul Pope, a political science professor at MSU-Billings and the department chair of the social sciences and cultural studies department.
The U.S. Supreme Court currently has a 6-3 conservative majority.
MTN spoke with activists involved on both sides of marijuana legalization in Montana.
"Is it smart for someone that's under the influence of a federally illegal drug to be able to move a car? Cars and guns may be similar in respect," said Steve Zabawa, the founder of SafeMontana, a longtime anti-marijuana activist.
On Wednesday, Zabawa said he believes restrictions are necessary for public safety.
"There's a lot of beautiful kids out there, and you can end their life quickly by making a mistake... When you get stoned and you take an 80 percent gummy bear, you're wacked. You're out there," he said.
Elizabeth Pincolini, the owner of Billings Alternative Wellness, feels differently. Billings Alternative Wellness is a business on Grand Avenue that helps Montanans obtain medical marijuana cards.
Pincolini questioned how such restrictions would actually work.
"Your medical card is protected under HIPAA law, right? You don't have to disclose your medical history to anyone," she said. "So, it kind of begs the question, how are they going to know?"
Pincolini argues that if marijuana users are going through the legal process of obtaining cannabis, then they shouldn't receive criminal punishment.
"I don't think people should be penalized for using marijuana within the confines of their state law... It's kind of an absurd argument to take gun ownership from people who are actually abiding by their state laws," she said.
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Pope expressed concern about how the case came before the high court. The Justice Department asked the court to intervene after a lower court in 2022, during the Biden administration, struck down laws that criminalized gun possession by marijuana users.
"I think the most important and somewhat disturbing point here, is that the president of the United States is trying to dictate what cases the Supreme Court hears, and they've listened to him," said Pope.
On Thursday, Pope said he worries about the precedent this could set for rights and privacy.
"The court taking on this case has another concern to me, and it's the idea that if you're someone who is known to have used marijuana on any regular basis, that somehow you deserve less rights," he said.
Pope questions how the Supreme Court would enforce gun ownership restrictions of marijuana users.
Currently, citizens interested in purchasing a firearm must complete an ATF Firearms Transaction Form, a questionnaire used to determine eligibility. Questions on the form include "Are you a fugitive of justice?" and "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"
Pope said any restriction, in addition to an ATF Firearms Transaction Form, would be difficult to enforce.
"What are they gonna do to enforce this decision? That's where it becomes a lot more authoritarian," he said. "That means the government has to be directly involved with every dispensary in every state where it's legal... There's all kinds of scenarios. None of them are good. All of them are an invasion of privacy."
The Supreme Court is expected to begin reviewing the case in 2026, with a final decision likely coming in the summer. Both sides will be closely watching for the court's eventual decision.
"The Supreme Court probably will make a wise judgment on this thing," said Zabawa.
"I think we might be surprised that we have more protections under the law than we think, but we'll see," Pincolini said.
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This story was reported on-air by a journalist and portions of this article have been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
