The U.S. Supreme Court has agreed to review whether Americans who regularly use marijuana can legally possess firearms, a case that could further define the boundaries of the Second Amendment and federal drug law.
The dispute arises from a Justice Department appeal seeking to revive a prosecution against a Texas man, Ali Danial Hemani, after the Fifth Circuit struck down the federal statute barring gun ownership by unlawful drug users. The law, which dates back decades, prohibits individuals who use controlled substances from owning or purchasing firearms, even if those substances are legal under state law.
Federal prosecutors charged Hemani with a felony after agents allegedly discovered a firearm and evidence of regular marijuana use in his home. A panel of the Fifth Circuit vacated the charge, ruling that the prohibition violates the Second Amendment under the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which requires that modern firearm restrictions be consistent with the nation’s historical traditions of gun regulation.
The appeals court left room for enforcement against individuals who are armed while actively intoxicated but found the statute’s broad application unconstitutional. In its petition, the Justice Department argued that regular drug users present an “unacceptable public safety risk,” calling the restriction a legitimate measure to prevent firearm misuse.
Prosecutors also cited the discovery of cocaine and communications allegedly linked to Iran during the investigation, though Hemani faced no additional charges. His defense has accused the government of including those details to portray him as dangerous and unrelated to the constitutional issue at hand.
The case underscores the growing tension between state and federal law as marijuana legalization expands. Nearly half of U.S. states now allow recreational cannabis use, yet federal law continues to classify it as an illegal substance.
The Court’s ruling could have far-reaching implications for both gun ownership and cannabis policy, potentially affecting millions of Americans. It will also signal how far the justices are willing to extend the Bruen framework, which has already prompted a wave of legal challenges to firearm restrictions nationwide.
