Supreme Court to Decide on Guns and Marijuana Use

WASHINGTON — The Supreme Court announced on Monday it will hear a case concerning whether individuals who smoke marijuana can legally possess firearms. This topic was last reviewed by the court in 2022.

The case involves Ali Daniel Hemani, a Texas man charged with a felony after being found with a gun in his home while admitting to regular marijuana use. The Trump administration is pushing the court to reconsider the legality of a law that prohibits those using illegal drugs from owning guns.

Hemani’s felony charge was dismissed by the 5th U.S. Circuit Court of Appeals, which ruled that the law was unconstitutional based on the Supreme Court’s previous expansion of gun rights. However, the appellate judges indicated the law could still apply to individuals accused of being under the influence and armed.

His lawyers claim the broadly written law endangers millions of Americans, citing government health data that shows at least 20% of Americans have tried marijuana. In contrast, the Justice Department asserts the law remains valid for regular drug users, outlining that they present a serious public safety risk.

In the investigation that led to Hemani’s arrest, FBI agents discovered both a gun and cocaine in his home, which was linked to inquiries about travel and communications with Iran. Hemani’s attorneys argue that the other allegations were mentioned only to paint him as more dangerous, and they insist the singular gun charge is the focus.

While about half of U.S. states have legalized recreational marijuana, it is still classified as illegal under federal law. The last firearms-related case before the Supreme Court expanded gun rights, affirming that the Second Amendment generally confers the right to carry firearms in public for self-defense.

Upcoming is another firearms case from Hawaii, Wolford v. Lopez, which is attracting attention as the Trump administration has filed a friend-of-the-court brief supporting the case.