WASHINGTON (AP) — The Supreme Court has announced on Monday that it will consider a significant legal question: whether individuals who regularly smoke marijuana can legally possess firearms. This case adds to the growing list of firearm-related issues the court is addressing following its 2022 ruling that expanded gun rights.
The matter arises from a request made by the Trump administration to revive the prosecution of a Texas resident, Ali Danial Hemani, who was charged with a felony for having a gun at home and admitting to being a regular marijuana user. The Justice Department's appeal follows a lower court’s ruling that deemed a law forbidding gun ownership for illegal drug users unconstitutional under the Supreme Court’s broader interpretation of the Second Amendment.
In this case, Hemani’s legal team successfully contested the felony charge in the 5th U.S. Circuit Court of Appeals, which noted that while the blanket ban was unconstitutional, such restrictions might still apply to individuals accused of being armed while under the influence of drugs.
Arguments regarding this issue are expected to take place in early 2026, with a ruling likely to be delivered by early summer. The Justice Department asserts that the law remains valid when applied to habitual drug users due to potential public safety risks, especially considering that more than 20% of Americans have experimented with marijuana, as noted by health data. Even though numerous states have implemented recreational cannabis laws, marijuana usage still constitutes an illegal act under federal law.
The case underscores the ongoing tension between state and federal law regarding marijuana use and gun rights, marking a potentially transformative moment for future regulations surrounding the Second Amendment rights of marijuana consumers.
