The US Supreme Court has stated that it will hear a case on whether individuals who frequently use cannabis can legally possess firearms. The case will mark the latest in a series of major gun rights disputes since the Court’s 2022 decision that broadened constitutional protections for gun ownership.
The Department of Justice (DOJ) is asking the Court to revive a prosecution against a Texas man, Ali Danial Hemani, who faced a felony charge for owning a firearm while admitting to being a regular marijuana user.
A federal appeals court had earlier struck down that law, ruling that it was unconstitutional under the Supreme Court’s new interpretation of the Second Amendment. The Fifth Circuit Court of Appeals said the measure could still apply to individuals found to be armed while actively under the influence, but not to all users in general.
Although the Trump administration generally supports gun rights, government lawyers maintain that the restriction is justified on public safety grounds. They argue that habitual drug users pose unique risks that justify limiting their access to firearms.
Prosecutors noted that during an FBI search, agents found Hemani’s firearm along with cocaine, though the gun possession charge was the only count filed. Defense attorneys countered that the mention of other alleged activities, including ties to Iran, was intended to unfairly portray Hemani as dangerous.
Hemani’s defense team argues that the law’s broad language could criminalize millions of Americans, pointing out that roughly one in five adults has used marijuana, according to federal health surveys. While nearly half of U.S. states have legalized cannabis for recreational use, it remains a controlled substance under federal law, leaving many users caught between conflicting legal standards.
Arguments before the Supreme Court are expected to begin in early 2026, with a ruling likely by the summer. The decision could have broad implications for how federal firearm restrictions are interpreted in the wake of the Court’s 2022 New York State Rifle & Pistol Association v. Bruen decision, which established that gun regulations must be consistent with the nation’s historical tradition.
That 2022 judgment has already fueled a surge of legal challenges to firearm laws nationwide. While the Court has since upheld a separate law preventing individuals under domestic violence restraining orders from possessing guns, this new case could further define how far constitutional protections for gun owners extend when other federal prohibitions are involved.
Marijuana companies like SNDL Inc. (NASDAQ: SNDL) from far and wide will be following this case since it could set a precedent that defines whether cannabis users can legally own firearms or not.
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