Supreme Court Case Brings Cannabis and Guns Back Into Focus
On the latest episode of TDR Trade to Black, presented by Flowhub, hosts Shadd Dales and Anthony Varrell walk through a week where cannabis law, politics, and market pressure all start overlapping. Joining the show is Jacob Raver, Senior Managing Associate at Dentons, who has been following the NRA-related Supreme Court case involving gun ownership and medical marijuana for quite some time. The case centers on whether cannabis consumers can legally be barred from owning guns. The conversation also references ongoing legal commentary from Eric Berlin, a cannabis attorney at Dentons, who has previously discussed how these Second Amendment cases fit into the broader federal cannabis framework.
A landmark development in cannabis policy has happened, as the National Rifle Association joined forces with cannabis advocacy groups to file an amicus brief before the Supreme Court. The case centers on whether cannabis users should retain their Second Amendment right to own firearms when not intoxicated, with oral arguments scheduled for March 2nd.
The hosts welcomed Jacob Raver, senior managing partner at Denton’s law firm and Marine Corps veteran, who explained that lower courts have increasingly ruled against categorical prohibitions on gun ownership for cannabis users following the 2022 Bruen decision, which requires courts to evaluate restrictions based on historical traditions. The NRA’s involvement brings significant institutional influence to the cannabis industry; Raver estimates the organization’s five million members could represent untapped market growth as many gun owners currently avoid cannabis to preserve their rights to own guns.
The discussion shifts to Texas, where Varrell advocated for comprehensive adult-use legalization with open licensing rather than continued hemp market bans, arguing the state’s multi-billion dollar existing market could transition into a regulated framework. In Florida, Smart and Safe Florida’s 2026 ballot initiative faces mounting obstacles after losing an appeal that invalidated 70,000 signatures, though organizers claim they have collected 1.4 million signatures total—well above the 880,000 required.
The episode wraps with an update on The Cannabist Company, which has entered into a forbearance agreement with senior secured noteholders, highlighting the financial pressure still facing parts of the sector. Straightforward conversation. No spin. Just what’s happening.
