The U.S. Supreme Court unanimously ruled Thursday that federal prosecutors violated the Second Amendment by charging a Texas man with illegal firearm possession for using marijuana. The decision in United States v. Hemani limits the reach of a 1968 law banning gun ownership by unlawful drug users. Justice Neil Gorsuch wrote the opinion, stressing its narrow scope.
The court sided with Ali Hemani, a 27-year-old who admitted to smoking marijuana approximately every other day. FBI agents found a handgun in his home that he kept for self-defense. Prosecutors had applied the statute, 18 U.S.C. § 922(g)(3), which also featured in the Hunter Biden case.
Gorsuch explained that historical restrictions on “habitual drunkards” did not justify disarming regular marijuana users without evidence of addiction or danger. “We do not address efforts to ban addicts, or those presently intoxicated, from possessing a firearm,” he wrote. The ruling rejected the government’s analogy to founding-era laws.
Justice Samuel Alito, joined by Justice Elena Kagan, filed a separate opinion agreeing with the outcome. Second Amendment advocates praised the decision, including Judicial Crisis Network President Carrie Severino, who called it a unanimous affirmation based on history and tradition.
The justices clarified that the government may still disarm dangerous individuals or felons. The case drew attention for acknowledging widespread acceptance of cannabis across states.
