The United States Supreme Court has set a date to hear arguments in a closely watched case that could determine whether federal restrictions on gun ownership for people who use cannabis are constitutional.
The justices scheduled oral arguments for March 2, roughly two months after agreeing to review the dispute. The case pits the Department of Justice (DOJ) against Ali Danial Hemani, who was prosecuted under a federal statute that bars individuals who use illegal drugs from purchasing or possessing firearms. Hemani argues that the law violates the Second Amendment.
At issue is a provision of federal law, codified as 18 U.S.C. § 922(g)(3), which has been under increasing scrutiny in lower courts. In Hemani’s case, a federal appeals court ruled that applying the ban to people who use cannabis infringes on constitutional gun rights. That decision created further division among federal courts, prompting the Supreme Court to step in.
Support for the government’s position has come from a broad group of state officials. Attorneys general from 19 states, along with Washington, D.C., filed a brief urging the justices to preserve the statute. They argue that the law plays a crucial role in maintaining public safety and aligns with historical limitations on firearm possession.
Groups that support tighter gun regulations, including the Brady Center, Everytown for Gun Safety, Giffords Law Center, and others, have asked the court to reverse the lower court’s ruling. A separate filing from a coalition of legal and history scholars contends that restrictions on armed individuals viewed as dangerous have longstanding roots in American law.
Smart Approaches to Marijuana and more than 20 similar groups urged the court to uphold the federal ban, arguing that cannabis consumption can be linked to impaired judgment, violence, and mental health risks.
In filings with the court, Solicitor General D. John Sauer argued that people who use illegal substances present a higher risk than those who consume alcohol.
In an earlier filing related to Hemani, the DOJ noted that federal appeals courts are deeply divided on the issue. Prosecutors also highlighted Hemani’s background as a dual U.S. and Pakistani citizen, alleging connections to Iranian-linked entities that had drawn the attention of federal investigators.
The case comes during a period of shifting federal cannabis policy. President Donald Trump recently signed an executive order instructing AG Pam Bondi to complete a process that would move cannabis from Schedule 1 to Schedule 3 under the Controlled Substances Act. Legal experts say it remains unclear whether that change would have any direct effect on gun cases tied to marijuana use.
The Supreme Court’s eventual ruling could shape the outcome of several similar cases nationwide. If the justices uphold the statute, the government would likely prevail in other pending disputes. The court has already declined to hear appeals in some related cases, while others remain unresolved.
The marijuana industry, including entities like Curaleaf Holdings Inc. (CSE: CURA) (OTCQX: CURLF), will be watching how the Supreme Court rules in this case and what precedent will be set by that decision.
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