Supreme Court Rules Federal Gun Ban Unconstitutional for Texas Man Using Marijuana

The U.S. Supreme Court on Thursday ruled in United States v. Hemani that the federal government cannot prosecute a Texas man under a law barring “unlawful user” of controlled substances from possessing firearms based on regular marijuana use.

“Supreme Court allows some marijuana users to own guns, limiting federal gun ban The court's decision was unanimous”

ABC News

SCOTUSblog reports that the case began in 2022 when FBI agents searched Hemani’s home and found a Glock 19 9mm pistol, 60 grams of marijuana, and 4.7 grams of cocaine.

ABC News

In a unanimous decision, Justice Neil Gorsuch wrote that the government was seeking to “automatically strip Mr. Hemani of his Second Amendment right to possess a firearm” and “imprison him for up to 15 years” based only on a showing that he “regularly uses any amount of any controlled substance.”

Scripps News says the Court upheld lower court rulings that an unlawful drug user can still legally possess a gun, and it framed the challenge as attacking the constitutionality of a 1986 law that bans anyone deemed an “unlawful user” of a controlled substance from possessing a firearm.

Multiple outlets emphasized the ruling’s narrow scope, with USA Today saying Justice Neil Gorsuch described the decision as a narrow one that does not address efforts to bar addicts from having a gun or deal with whether the government can show a particular person is too dangerous to be armed.

USA Today also quoted Gorsuch writing that “we do not question that sometimes an individual's unlawful use of marijuana (or any other controlled substance) may render him a danger to others,” while adding that “the government disclaims the need to show anything like that in this case.”

CBS News

ABC News reported that the Court limited the federal gun ban as applied to a Texas gun owner who used marijuana several times a week, and it said the decision set new limits on federal prosecution for people targeted simply for having a history of drug use.

NBC News similarly said the Court concluded on a 9-0 vote that the government’s invocation of the law fell afoul of the Constitution's Second Amendment when it was used against Ali Danial Hemani, and it described the ruling as making it harder for prosecutors to invoke the statute against casual drug users.

The Supreme Court’s decision did not eliminate other firearms restrictions, and ABC News said the ruling did not disturb other provisions of the law, including a ban on guns for drug addicts, a ban on guns for people presently intoxicated, and prohibition of firearms for those deemed a danger to themselves or others.

“WASHINGTON — The Supreme Court on Thursday barred the government from restricting the gun rights of casual drug users in a case involving a Texas man who occasionally consumed marijuana”

NBC News

NBC News added that the ruling authored by Justice Neil Gorsuch “does not invalidate the law across the board,” but it makes it harder for prosecutors to invoke it, especially as it relates to casual drug users.

CBS News reported that the law at issue forbids an unlawful drug user from possessing firearms and that violators face up to 15 years in prison, while it also said the Justice Department estimates roughly 300 people are charged with the offense each year.

CBS News further described the stakes for high-profile defendants and future enforcement, noting that perhaps the most high-profile person convicted under the law was Hunter Biden, and it said the Supreme Court’s decision does not impact other federal firearms restrictions including those that disarm convicted felons or prosecutions that involve proof that a defendant's drug use renders him dangerous.