Supreme Court Weighs Second Amendment Rights of Marijuana Users

WASHINGTON — The Supreme Court heard arguments on Monday, March 2, 2026, regarding a federal law prohibiting individuals who are “unlawful users” of a controlled substance from owning a firearm. The case centers on whether this restriction infringes upon the Second Amendment rights of marijuana users, even as attitudes toward cannabis legalization evolve across the country.

The Core Legal Question

At issue is a provision of the Gun Control Act of 1968, which bars gun possession by anyone deemed an “unlawful user of or addicted to any controlled substance.” The Trump administration argued that the law should be upheld, asserting that Congress has the authority to temporarily disarm individuals deemed dangerous, including habitual drug users. Solicitor Gen. D. John Sauer contended that prohibiting gun ownership for habitual drug users aligns with historical precedents, citing prohibitions on “habitual drunkards” from possessing firearms.

A Divided Court and Shifting Landscape

Several justices expressed skepticism about the government’s broad interpretation of the law. Justice Neil M. Gorsuch questioned why this particular case was chosen, noting that marijuana users are not generally perceived as a significant public safety threat. He characterized the case as “an odd case to have chosen” to resolve the legal dispute. The court’s questioning likewise revealed concerns about ruling broadly on the legal status of other addictive drugs.

Unusual Alliances in the Case

The case has brought together an unusual coalition of groups. The National Rifle Association and the American Civil Liberties Union are aligned in defending Ali Hemani, the plaintiff, arguing that the law is unconstitutionally vague and could criminalize millions of Americans. Marijuana legalization advocates fear the Trump administration’s defense of the 1968 ban could lead to the prosecution of recreational pot users, despite increasing state-level legalization efforts.

The Case of Ali Hemani

The case originates with Ali Hemani, a Texas man investigated by the FBI in 2020 for potential ties to the Iranian Revolutionary Guard Corps. During a search of his home, agents discovered a Glock pistol and 60 grams of marijuana, along with a tiny amount of cocaine in his mother’s room. Hemani admitted to using marijuana approximately every other day. He was initially charged with illegal gun possession, but a federal judge and the 5th Circuit Court of Appeals dismissed the charges, finding that he was not under the influence of drugs at the time of his arrest.

Hunter Biden and the Broader Implications

The Justice Department estimates that around 300 people per year are charged under the provision of the law in question. Notably, Hunter Biden, the son of President Biden, was previously charged and convicted of lying about his drug addiction when applying for a handgun permit. This case highlights the potential for the law to be applied to a wide range of individuals.

ACLU Concerns and the Path Forward

Cecillia Wang, legal director at the ACLU, argued that the law violates the Second Amendment and gives federal prosecutors excessive discretion. The ACLU contends that millions of Americans consume marijuana and lack clear guidance on whether their actions could lead to criminal charges. The court is expected to issue a ruling in the coming months that will have significant implications for gun control and marijuana policy.