The Supreme Court has unanimously ruled that prosecutors cannot automatically bar marijuana users from owning firearms, delivering a sharp rebuke to a federal law that had criminalized gun possession for anyone using controlled substances.
The decision, issued by Justice Neil Gorsuch in a 9-0 ruling, centered on Ali Danial Hemani of Texas, who was found with a handgun during an FBI search of his home in 2022. The court determined that applying the law to casual drug users infringes on Second Amendment protections, though the statute itself remains valid.
The statute makes it illegal for "an unlawful user of or addicted to any controlled substance" to possess a firearm. It is the same law used to charge Hunter Biden, the son of former President Joe Biden, in 2024 before his father pardoned him.
Gorsuch's opinion dismantled the government's argument that all marijuana users present a danger to others. He acknowledged that drugs and firearms can create hazardous situations but rejected the claim that blanket prohibitions against drug users satisfy constitutional scrutiny.
"The government's reliance on historical laws that disarmed habitual drunkards misses the mark," Gorsuch wrote, describing the ruling as a narrow one that does not address broader questions about restrictions on those with addiction disorders.
The case gains particular weight given that marijuana is legally available in numerous states, yet remains a federal crime. Millions of Americans use the drug regularly, making categorical enforcement of the gun ban impractical and potentially unconstitutional.
Hemani had successfully challenged his indictment both in federal district court in Texas and at the New Orleans-based 5th U.S. Circuit Court of Appeals before the Supreme Court took the case. The ACLU, which represented him, celebrated the outcome as a check on unfounded government assumptions about who poses a danger.
FBI agents discovered a handgun, marijuana, and cocaine during their search of Hemani's residence. Prosecutors had suggested he had ties to Iranian groups hostile to the U.S., though he has not faced specific charges related to those allegations.
The ruling aligns with the court's increasingly expansive approach to gun rights. In 2022, the conservative-majority court set a new constitutional test for evaluating longstanding firearms restrictions, triggering a wave of litigation in lower courts challenging gun laws nationwide.
One notable subplot: the Trump administration defended the statute in court despite rhetoric emphasizing its commitment to Second Amendment protections, drawing frustration from gun rights advocates who see a disconnect between the administration's stated positions and its litigation strategy.
The court is also considering a separate gun case involving a Hawaii law that restricts firearm possession on certain private properties without owner permission.
Author Sarah Mitchell: "A 9-0 decision stripping the government of its blunt instrument against casual users is a rare moment of clarity on gun rights, even if it leaves the messy middle ground of addiction policy untouched."
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