Supreme Court Rules Marijuana Users Can Legally Possess Guns Under Second Amendment
In a unanimous 9-0 decision issued Thursday, the U.S. Supreme Court sided with Texas resident Ali Danial Hemani, ruling that the federal ban on gun ownership by marijuana users violates the Second Amendment as applied to him.
The case, United States v. Hemani, centered on 18 U.S.C. § 922(g)(3), which prohibits firearm possession by anyone who is an “unlawful user of or addicted to” a controlled substance. Hemani was charged after FBI agents found a Glock 9mm pistol, marijuana, and a small amount of cocaine in his home in 2022. He admitted to using marijuana regularly (about every other day) but was not accused of being impaired at the time of possession.
Lower courts dismissed the charges, finding the law unconstitutional as applied. The Supreme Court affirmed that ruling in an opinion written by Justice Neil Gorsuch. Concurring opinions were filed by Justices Thomas, Jackson (joined by Sotomayor), and Alito (joined by Kagan).
The decision reflects growing skepticism toward broad federal restrictions on gun rights for marijuana users, especially as cannabis is legal or decriminalized in many states while remaining a controlled substance federally. It narrows the law’s reach for habitual but non-intoxicated users, though it does not fully strike down the statute.
Legal experts say the ruling could impact thousands of similar cases and ease tensions between state marijuana laws and federal gun regulations. The Biden-era Hunter Biden prosecution under the same statute drew attention to its application.
This marks another Second Amendment victory expanding gun rights post-Bruen (2022), prioritizing historical tradition over modern policy concerns.
