Supreme Court will consider whether people who regularly smoke pot can legally own guns

The Supreme Court of the United States has agreed to review whether individuals who regularly use marijuana can legally possess firearms under federal law. The case comes after the U.S. Department of Justice (DOJ) asked the Court to resurrect a prosecution of a Texas man charged with a felony for possessing a gun in his home while admitting to habitual marijuana use. Under this federal statute, people who use illegal drugs are barred from owning firearms. The DOJ is appealing after a lower court largely struck down the prohibition. 

The individual at the center of the case is Ali Danial Hemani, whose lawyers successfully had the charge dismissed by the United States Court of Appeals for the Fifth Circuit, which found that the blanket ban could not stand under the Court’s expanded interpretation of the Second Amendment. The appellate court said the law might still apply to someone found to be under the influence of drugs at the time of firearm possession, but not simply to anyone who uses drugs regularly.

Hemani’s legal team argues that the statute is overly broad and could criminalize the gun‑ownership rights of millions of people who have used marijuana at some point (health data suggests about 20% of Americans have tried it). They point out that around half the states have legalized recreational marijuana, though it remains federally illegal. 

On the other side, the DOJ contends that the prohibition serves a legitimate public safety interest by targeting people whose regular drug use poses a heightened risk in connection with firearms. In Hemani’s case, the FBI reportedly found a gun, as well as marijuana and cocaine, during a search of his home that involved investigations into travel and communications linked to Iran. Although only the gun charge was filed, the government included these findings to underscore danger. 

The forthcoming review by the Supreme Court will test how modern firearm regulations align with the Court’s 2022 landmark ruling in New York State Rifle & Pistol Association v. Bruen, which held that gun restrictions must be supported by a historical tradition of regulation. The case is slated for argument in early 2026 with a decision expected by summer.

Source: AP News