A federal judge in Texas has dismissed an indictment against a man who was charged with possessing firearms while using marijuana, ruling the federal law prohibiting such conduct unconstitutional.
U.S. District Judge David Briones, presiding over the Western District of Texas, ruled against the prosecution of Adrian Gil, II, citing that the Government failed to prove that Gil was intoxicated at the time of his arrest. The case (United States of America v. Adrian Gil, II) was dismissed with prejudice, meaning it cannot be refiled, marking another significant decision challenging federal restrictions on firearm ownership for marijuana users.
The case originated in July 2021, when El Paso police responded to a call about a disturbance at Gil’s residence. Upon entering, officers discovered two large vacuum-sealed bags of marijuana and several firearms. Gil, a daily marijuana user since age 14, acknowledged owning the firearms and possessing a medical marijuana card from New Mexico but admitted he was aware that federal law prohibited gun ownership for marijuana users. He was indicted under 18 U.S.C. § 922(g)(3), pled guilty, and was sentenced to 35 months in prison before appealing the case.
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