Supreme Court Considers Loosening Law Barring Marijuana Users from Owning Guns

Justices appear skeptical of federal law that bans all illegal drug users from possessing firearms

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. A majority of justices seemed skeptical of the law, with some questioning whether it has historical precedent and whether using marijuana a few times a week makes someone dangerous enough to warrant a gun ownership ban.

Why it matters

This case highlights the ongoing tension between federal and state laws regarding marijuana, as well as broader debates around gun rights and public safety. A ruling in favor of the plaintiff could have significant implications for gun ownership laws, especially as more states legalize cannabis.

The details

The case was brought by 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 Supreme Court to revive a criminal case against Hemani under the federal law banning all illegal drug users from owning guns. However, both liberal and conservative justices seemed skeptical of the government's position, with Justice Amy Coney Barrett questioning the evidence that occasional marijuana use makes someone dangerous. The justices also grappled with the conflict between state-level marijuana legalization and the federal prohibition.

  • 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 barring marijuana users from owning guns.

Amy Coney Barrett

A conservative Supreme Court justice who questioned the government's evidence that occasional marijuana use makes someone dangerous.

Neil Gorsuch

A conservative Supreme Court justice who pointed out the conflict between state-level marijuana legalization and federal prohibition.

Ketanji Brown Jackson

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

John Roberts

The Chief Justice of the Supreme Court, 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 (wbal.com)

“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 (wbal.com)

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

— Ketanji Brown Jackson, Supreme Court Justice (wbal.com)

“It just seems to me that this takes a fairly cavalier approach to the necessary consideration of expertise and the judgments we leave to Congress and the executive branch.”

— John Roberts, Chief Justice of the Supreme Court (wbal.com)

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 legal and political tensions around marijuana policy, gun rights, and public safety. A ruling in favor of the plaintiff could significantly impact federal laws restricting gun ownership for marijuana users, especially as more states legalize cannabis.