The Supreme Court announced Monday that it will consider whether individuals who regularly use marijuana can legally own firearms, taking on a new Second Amendment challenge following its landmark 2022 ruling that expanded gun rights.
The case, United States v. Hemani, centers on a federal law that prohibits gun possession by anyone who is an “unlawful user of or addicted to any controlled substance.”
The Justice Department, under President Donald Trump’s administration, is appealing a lower court’s decision that tossed out a felony charge against Texas resident Ali Danial Hemani. Hemani was charged after authorities found a gun in his home, and he admitted to being a regular cannabis user.
The Fifth U.S. Circuit Court of Appeals had ruled that the blanket ban on gun ownership for illegal drug users was unconstitutional as applied to Hemani, based on the Supreme Court’s new standard that gun restrictions must align with the nation’s historical tradition of firearm regulation. However, the appellate court noted the law could still be used against people who are armed and intoxicated at the same time.
The Justice Department is advocating for the ban, arguing that regular drug users pose a serious public safety risk and that the restriction is a justifiable measure. Attorneys for Hemani counter that the broadly written federal law places millions of Americans at risk of technical violations, especially as nearly half of states have legalized marijuana for recreational use, even though it remains illegal under federal law.
The Court’s decision will serve as a crucial test for applying its 2022 ruling, which requires gun laws to have a strong grounding in historical tradition.
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