U.S. Supreme Court Narrows Federal Gun Ban for Marijuana Users

On Thursday the U.S. Supreme Court issued a unanimous 9‑0 decision striking down the broad application of the federal prohibition on firearm possession by “unlawful users” of controlled substances. The case involved Ali Danial Hemani, a Texas resident and dual U.S.–Pakistani citizen who admitted regular marijuana use but was not shown to be dangerous or intoxicated while possessing a gun.

Writing for the Court, Justice Neil Gorsuch said the government failed to meet the historical‑tradition test and that automatically disarming anyone who uses illegal drugs “without showing a danger” would “quickly swallow” the Second Amendment. The ruling limits but does not eliminate the government’s power to bar addicts, intoxicated persons, felons, or those who pose a danger. As Gorsuch wrote, “We do not address efforts to ban addicts, or those presently intoxicated, from possessing a firearm.”

The law at issue, 18 U.S.C. § 922(g)(3) from the 1968 Gun Control Act, had been used in prosecutions of Hunter Biden and was defended by the Trump administration. A coalition that included the ACLU and the National Rifle Association welcomed the decision, which is expected to affect millions of Americans who use marijuana legally under state law.