Supreme Court Allows Marijuana Users to Own Guns, June 20

On June 18, 2026, the U.S. Supreme Court ruled unanimously that the federal government cannot prosecute casual marijuana users for owning firearms. The 9-0 decision in United States v. Hemani struck down a law that made it a felony for any “unlawful user” of drugs to possess a gun, regardless of whether they posed a threat. The ruling weakens a statute previously used to convict Hunter Biden and affects millions of Americans who use marijuana legally in their states.

What the Court Decided

Justice Neil Gorsuch wrote the majority opinion, calling the ruling a narrow one. The Court held that prosecuting Ali Hemani, a Texas resident, under federal law violated his Second Amendment rights. Hemani had cooperated with federal agents during a terrorism investigation, surrendered his firearm, and admitted to smoking marijuana about every other day. Federal prosecutors charged him with unlawful gun possession based solely on his drug use. The Supreme Court rejected this approach, finding the government failed to meet its burden under the Second Amendment.

How the Law Previously Worked

Under 18 U.S.C. Section 922(g)(3), any person who used a controlled substance outside its prescribed purpose faced a felony charge for owning a firearm. The law required no proof of addiction, intoxication, or danger. A casual marijuana user, someone taking a friend’s prescription pill, or a college student borrowing Adderall could all face up to 15 years in federal prison and a lifetime gun ban. The law was used to prosecute Hunter Biden for purchasing a firearm while struggling with cocaine addiction.

What the Ruling Does Not Change

Gorsuch emphasized the decision was narrow and limited. The Court did not strike down the law entirely or address whether currently intoxicated users could buy guns. It also did not touch federal laws banning gun ownership for convicted felons. Justice Samuel Alito wrote in a concurring opinion that marijuana use today is like alcohol use at the nation’s founding. Justice Ketanji Brown Jackson, appointed by President Joe Biden, joined a concurrence with Justice Sonia Sotomayor supporting the decision.

The Broader Impact

The ruling affects millions of Americans in states where marijuana is legal. It clarifies that drug use status alone cannot strip someone of constitutional rights. However, prosecutors may still bring charges if they prove an individual poses a specific danger or meets other legal criteria. The decision reflects a rare moment of unanimity on the Supreme Court, with conservative and liberal justices agreeing on Second Amendment protections.

Final Thoughts

The Supreme Court’s unanimous decision limits federal power to prosecute casual marijuana users for gun ownership. This ruling protects Second Amendment rights while leaving room for future restrictions based on individual danger or specific circumstances.

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