The U.S. Supreme Court on Thursday unanimously ruled that prosecuting a marijuana user for possessing a firearm was inconsistent with the Second Amendment in the case U.S. v. Hemani.
Justice Neil Gorsuch wrote that "The Court's decision is narrow." He added, "It does not address efforts to ban addicts or those presently intoxicated from possessing a firearm; other prophylactic laws Congress might adopt after determining that users of a particular drug pose a special risk of misusing firearms ... provision disarming individuals convicted of felonies; or whether the government could bring a prosecution ... accompanied by individualized proof that the defendant's drug use renders him a danger to himself or others, or proof that a certain drug always renders its users dangerous."
The case stems from the arrest of Ali Hemani. In 2022, federal agents found a pistol and 60 grams of marijuana in a search of Hemani's home, and court filings show Hemani told agents he uses marijuana "about every other day."
Hemani challenged the law as unconstitutional, contending that it violated his Second Amendment right to bear arms and is unconstitutionally vague; his lawyers noted that "the statute does not define 'unlawful user'" and asked, "Is someone who uses a controlled substance once a year 'an unlawful user'? What about someone who uses that substance every six months, or every two weeks?"
The statute at issue forbids "unlawful" drug users from possessing firearms and carries penalties of up to 15 years in prison, and the Justice Department estimates roughly 300 people are charged with the offense each year.
The same statute was used to convict Hunter Biden in 2024; he was pardoned by his father in December 2024, CBS News reported.
A diverse array of groups filed briefs on opposing sides of the case: gun rights organizations and civil liberties advocates urged the court to take Hemani's side, while the Justice Department was backed by gun violence prevention groups. The American Civil Liberties Union signed on as co-counsel to represent Hemani, and gun rights groups including the National Rifle Association backed him.
Cecillia Wang, the ACLU's legal director, said, "With nearly half of Americans reporting marijuana use at some point in their lives, this ruling protects the rights of millions and curbs the government's ability to impose arbitrary and discriminatory penalties."
The decision comes against a backdrop of changing marijuana policy: marijuana is to some degree legal in more than 40 states, and the Substance Abuse and Mental Health Services Administration says more than 15% of Americans aged 12 or older used marijuana in 2024. The case is part of a wave of challenges following the court's 2022 ruling that requires governments defending gun regulations to show "relevantly similar" traditions at the time of the founding.
Prosecutors never alleged Hemani was addicted to marijuana, had used a firearm while intoxicated, threatened anyone, or posed a danger to himself or others, the court said.
FBI agents who searched Hemani's home said the handgun they found was one he kept for self-defense.
Gorsuch faulted the government's historical analogies as too different from the modern restriction and noted that federal actions reducing marijuana enforcement and efforts to move marijuana to a less restrictive drug schedule undercut the government's categorical argument; he warned that accepting the government's theory would give officials "broad power to designate any group as dangerous and thereby disqualify its members from having a gun."
Justice Samuel Alito, joined by Justice Elena Kagan, agreed with the outcome but said the government failed to show Hemani resembled the severely impaired "habitual drunkards" regulated under historical laws; Alito and Kagan concurred only in the judgment.
Supporters of the ruling hailed it as protective of gun rights and constitutional limits on modern regulations. Carrie Severino, president of the Judicial Crisis Network, said, "It’s a good day for the Second Amendment when all nine justices can agree to protect gun rights." Tyler Yzaguirre, president of the Second Amendment Institute, said the decision reaffirmed that firearm restrictions must be consistent with the nation’s historical tradition of gun regulation. Amy Swearer, senior legal fellow at Advancing American Freedom, said the ruling still leaves the government room to disarm addicts or prosecute people who possess firearms while actively intoxicated.