NRA Joins Marijuana Groups in Urging Supreme Court to Overturn Gun Ban for Cannabis Consumers

The influential gun rights group argues the federal prohibition on firearm ownership by marijuana users is unconstitutional.

Jan. 30, 2026 at 2:07pm

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The National Rifle Association (NRA) has joined top drug policy reform organizations in urging the U.S. Supreme Court to declare the federal ban on gun ownership by marijuana consumers unconstitutional. The NRA and groups like NORML and the Drug Policy Alliance argue the prohibition lacks historical precedent and is inconsistent with the increasing social acceptance of marijuana as more states legalize it.

Why it matters

This case highlights the growing conflict between federal gun laws and state-level marijuana legalization, as courts grapple with whether banning firearm ownership by cannabis consumers violates the Second Amendment. The outcome could have significant implications for the rights of marijuana users across the country.

The details

The NRA and other groups argue the federal statute known as 18 U.S.C. § 922(g)(3), which prohibits 'unlawful users' of controlled substances from possessing firearms, is unconstitutional. They contend the ban lacks historical precedent and is inconsistent with the increasing social acceptance of marijuana use. The groups say the government must prove any firearm restrictions are rooted in the nation's historical tradition of regulating intoxicants, which they argue has focused on restricting conduct, not categorically disarming users.

  • The Supreme Court is scheduled to hear oral arguments in the case on March 2, 2026.
  • In October 2025, the Supreme Court granted cert to hear the case, known as U.S. vs. Hemani.

The players

National Rifle Association (NRA)

The most influential gun rights lobbying group in the U.S., which has joined the legal challenge against the federal ban on firearm ownership by marijuana consumers.

NORML

A leading drug policy reform organization that has filed a brief arguing the Second Amendment protects the rights of cannabis consumers.

Drug Policy Alliance (DPA)

Another prominent drug policy reform group that has urged the Supreme Court to find the federal gun ban unconstitutionally vague.

Jared Michael Hemani

The defendant in the Supreme Court case, who was charged with violating the federal law prohibiting marijuana users from possessing firearms.

U.S. Department of Justice

The government agency defending the constitutionality of the federal ban on gun ownership by cannabis consumers.

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What they’re saying

“To justify firearms prohibition for marijuana users when they are not intoxicated, the government must prove that the ban is consistent with our nation's historical tradition of firearm regulation.”

— NRA

“Cannabis users are among 'the people' whose right to keep and bear arms the Second Amendment protects. For centuries, Americans cultivated, consumed, and prescribed cannabis without any suggestion that doing so warranted the loss of firearms rights.”

— NORML

“In our constitutional order, a vague law is no law at all. Congress is the only branch that has the power to enact federal criminal laws. Allowing this prosecution to proceed under § 922(g)(3) as applied here would require this Court to supply the limiting principle Congress omitted and to decide when the Statute applies and to whom.”

— Drug Policy Alliance

What’s next

The Supreme Court is expected to rule on the case by the end of its current term in June 2026.

The takeaway

This case highlights the ongoing tension between federal gun laws and state-level marijuana legalization, as courts grapple with whether banning firearm ownership by cannabis consumers violates the Second Amendment. The Supreme Court's ruling could have far-reaching implications for the rights of marijuana users across the country.