US Supreme Court to hear case on marijuana use and gun ownership
October 21, 2025
The Supreme Court announced Monday it will consider whether a federal law prohibiting gun possession by unlawful drug users violates the Second Amendment, marking the latest firearms dispute to reach the high court following its landmark 2022 ruling that significantly expanded gun rights.
The case, US v. Hemani, centers on 18 U.S.C. 922(g)(3), which bars anyone who “is an unlawful user of or addicted to any controlled substance” from possessing firearms. The question before the justices is whether this prohibition is constitutional as applied to habitual marijuana users.
The 5th US Circuit Court of Appeals in New Orleans found that while the law can apply to those who wield a firearm while under the influence of drugs, a blanket ban on all users is unconstitutional under the Supreme Court’s expanded view of gun rights.
The case originates in a federal raid on the home of Ali Danial Hemani, which turned up a handgun as well as about two ounces of cannabis and 4.7 grams of cocaine. He was not charged with drug possession, but was charged under gun law in question after he admitted to being a habitual cannabis user. The Justice Department has now appealed the 5th Circuit decision.
The Supreme Court’s decision to grant certiorari in the case arrives as marijuana laws continue to evolve across the country, with many states legalizing cannabis for medical or recreational use even as it remains illegal under federal law. Current federal regulations prohibit anyone who uses marijuana from purchasing or possessing firearms, regardless of state legalization status.
The justices’ decision to hear the case sets up a potential clash between federal gun restrictions and the court’s increasingly broad interpretation of Second Amendment protections. In its 2022 decision in New York State Rifle & Pistol Association v. Bruen, the court established that gun regulations must be consistent with the nation’s “historical tradition of firearm regulation” to pass constitutional muster.
The upcoming case could force the court to clarify how far gun rights extend and whether marijuana use—legal in dozens of states—constitutes grounds for disqualifying Americans from firearm ownership.
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