Supreme Court Narrows Drug-User Gun Ban, June 19

The U.S. Supreme Court on June 18 unanimously ruled that the federal government cannot automatically ban gun ownership based on casual marijuana use. The 9-0 decision in United States v. Hemani narrows a 1968 law that made it a crime for drug users to possess firearms. The ruling affects millions of Americans who legally use marijuana in states where it is permitted, even as federal law still prohibits it.

What the Court Decided

Justice Neil Gorsuch wrote that the government violated Ali Hemani’s Second Amendment rights by prosecuting him under the Gun Control Act of 1968. Hemani, a Texas resident, used marijuana a few times per week and legally owned a handgun. Federal agents found the gun during a 2022 search of his home and later charged him with a crime punishable by up to 15 years in prison.

Gorsuch rejected the government’s claim that all marijuana users pose a danger to others. He noted that the federal government itself reclassified marijuana from a Schedule 1 drug to Schedule 3 in April 2026, and more than half of U.S. states have now legalized it. The court’s 19-page decision emphasized the ruling was narrow and does not address prosecutions of drug addicts or people intoxicated while handling firearms.

How Prosecutors Must Now Proceed

The decision reshapes how federal prosecutors can use the 1968 law. They must now prove that a person’s drug use makes them dangerous, that they are addicted to a drug, or that they were actively intoxicated while using a gun. Simply admitting to occasional marijuana use is no longer enough to secure a conviction.

The law still applies to other controlled substances like cocaine, heroin, and methamphetamine. The court’s “history and tradition” test requires prosecutors to show that historical gun laws targeted the same group of people for the same reasons. The government’s comparison to old “habitual drunkard” laws failed because those laws targeted different people in different ways.

Political and Legal Fallout

The ruling is a loss for President Donald Trump’s Republican administration, which defended the 1968 law despite arguing against other gun restrictions. The same statute was used to prosecute Hunter Biden, son of former President Joe Biden, for buying a gun while addicted to cocaine in 2018. Biden was later pardoned by his father.

The decision continues a trend of Supreme Court rulings expanding gun rights since a 2022 landmark case. The court has struck down a ban on bump stocks but upheld laws protecting domestic violence victims and strict regulations on ghost gun kits. Gun rights advocates called the Hemani ruling significant, while legal experts noted it leaves room for prosecutors to still pursue cases with stronger evidence of danger.

Final Thoughts

The Supreme Court’s unanimous decision makes it harder for prosecutors to charge casual marijuana users with federal gun crimes. Prosecutors must now prove actual danger rather than assume it. This shifts enforcement of a 58-year-old law in an era when marijuana is legal in most states.

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