Supreme Court sides with a Texas man who says it’s not a crime for
marijuana users to have guns
[June 19, 2026]
By LINDSAY WHITEHURST
WASHINGTON (AP) — The Supreme Court ruled Thursday against a broad
federal ban on gun ownership by marijuana users, the latest in a line of
firearm cases from a court that has expanded gun rights.
The justices decided unanimously in favor of Ali Danial Hemani, a Texas
man who argued that a law barring guns from anyone who regularly uses
illegal drugs violates the Second Amendment.
Justice Neil Gorsuch wrote that his opinion narrowly limits the
government's power to take guns away from drug users who are not
considered dangerous. Hemani, who was not charged with any other crimes
or accused of using the weapon under the influence, is thankful he
“finally has closure,” lawyer Zachary Newland said.
The decision is a loss for President Donald Trump’s Republican
administration, which had defended the 1968 law despite arguing against
other gun restrictions. Its core argument “fails under every measure,”
Gorsuch wrote.
The law was originally meant to keep guns away from dangerous people,
but the millions of people who now use marijuana can't all be
characterized that way, Gorsuch wrote. While recreational use is illegal
under federal law, about half of states allow it and cannabis use for
health purposes is widespread.
“Whatever one thinks of these developments, the federal government has
not just tolerated them; it helped fuel them,” Gorsuch wrote. “All of
which leaves it awkwardly positioned to suggest that the millions of
Americans who now regularly use marijuana are categorically and
unusually dangerous.”
The law was also used in a case against Hunter Biden, who was convicted
in Wilmington, Delaware, of buying a gun while addicted to cocaine in
2018. He was later pardoned by his father, Democratic President Joe
Biden.
Someone addicted to an illegal drug could potentially still be
prosecuted after Thursday’s decision.
“We do not address efforts to ban addicts, or those presently
intoxicated, from possessing a firearm,” Gorsuch wrote. Prosecutors
could charge a marijuana user if they had evidence the person was
dangerous, he said.
Recreational use remains illegal on a federal level even after the Trump
administration reclassified medical marijuana as a less-dangerous drug
in April.
Gun rights and pro-cannabis groups join forces
The case made for some unusual political alliances.
The American Civil Liberties Union and the National Rifle Association
supported Hemani’s case, as did cannabis legalization groups such as
NORML. On the other side were gun safety groups including Everytown that
usually oppose the administration on Second Amendment issues.
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The U.S. Supreme Court is seen, June 11, 2026, in Washington.
(AP Photo/Mariam Zuhaib, File)
The ACLU applauded the ruling, saying that nearly half of Americans
have reported using marijuana at some point in their lives.
“The court has sent a strong message that the government cannot
criminalize the conduct of large numbers of people by making
categorical and unfounded assumptions about whether they are
dangerous,” said Cecillia Wang, legal director at the ACLU.
NORML applauded the decision as a “vindication of personal freedom”
and the Second Amendment Foundation called it a “major victory for
gun owners.”
The group Smart Approaches to Marijuana, which opposes legalization
of the drug, condemned it.
“While the justices in this case appear to be most concerned with
historical battles over Second Amendment rights, public health and
safety are the collateral damage in this decision,” said CEO Kevin
Sabet.
Gun control groups were more measured, with Everytown saying the
decision still recognizes that “drugs and guns can make for a
dangerous mix.”
It is rare to see standalone criminal charges filed against people
accused solely of owning guns and using drugs, though they are more
often filed against people also accused of other crimes.
The opinion is the latest in a series of firearm cases to reach the
Supreme Court since its landmark ruling expanding gun rights in 2022
led to a wave of challenges around the country.
Since then, the high court has upheld a law aimed at protecting
victims of domestic violence and strict regulations on ghost gun
kits but has struck down a ban on bump stocks, an accessory that
enables rapid fire. The justices are also considering a second
firearm case this term over strict regulations on carrying guns in
Hawaii.
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