Supreme Court Considers Loosening Ban on Marijuana Users Owning Guns

Justices appear skeptical of federal law prohibiting gun ownership for cannabis users

Published on Mar. 2, 2026

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The Supreme Court heard arguments in a case that could loosen a federal law barring marijuana users from owning guns. Several justices, including both liberal and conservative members, expressed skepticism about the law, questioning whether cannabis users should be treated the same as users of more dangerous drugs like heroin or methamphetamine. The case crosses typical political lines, with groups like the ACLU and NRA supporting the plaintiff.

Why it matters

This case highlights the ongoing tensions between federal and state laws around marijuana, as well as broader debates over gun rights and public safety. A ruling in favor of the plaintiff could make it easier for some marijuana users to legally own firearms, even as the drug remains illegal at the federal level.

The details

The case involves Ali Danial Hemani, a Texas man who argued he shouldn't have been charged with a crime for owning a gun while using marijuana a few times a week. The Trump administration had asked the court to revive a criminal case against Hemani under the federal law banning all illegal drug users from owning guns. However, several justices, including conservative Amy Coney Barrett, questioned whether there was evidence that occasional marijuana use makes someone dangerous enough to warrant a gun ban.

  • The Supreme Court heard arguments in the case on March 2, 2026.

The players

Ali Danial Hemani

A Texas man who challenged the federal law prohibiting marijuana users from owning guns.

Amy Coney Barrett

A conservative Supreme Court justice who questioned whether there was evidence that occasional marijuana use makes someone dangerous enough to warrant a gun ban.

Ketanji Brown Jackson

A liberal-leaning Supreme Court justice who said a ban on firearms for cannabis users didn't seem to have the required historical roots under the Bruen test.

Neil Gorsuch

A conservative Supreme Court justice who was part of the majority that expanded gun rights in the 2022 Bruen case, and who questioned the government's argument about historical laws barring "habitual drunkards" from having guns.

John Roberts

The Chief Justice, who expressed concern that a ruling for Hemani could allow more weapon possession by people who use more dangerous drugs.

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What they’re saying

“What is the government's evidence that using marijuana a couple of times a week makes someone dangerous?”

— Amy Coney Barrett, Supreme Court Justice

“What do we do with the fact that marijuana is sort of illegal and sort of isn't, and that the federal government itself is conflicted on this?”

— Neil Gorsuch, Supreme Court Justice

“I think your argument sort of falls apart under the Bruen test.”

— Ketanji Brown Jackson, Supreme Court Justice

What’s next

The Supreme Court is expected to decide the case by the end of June 2026.

The takeaway

This case highlights the ongoing tensions between federal and state laws around marijuana, as well as broader debates over gun rights and public safety. The Court's ruling could have significant implications for the ability of some marijuana users to legally own firearms, even as the drug remains illegal at the federal level.