Supreme Court to Consider Gun Ownership By Cannabis Consumers

The U.S. Supreme Court next year will consider whether Americans who
consume cannabis can legally possess firearms, the Associated Press reports.

The justices will hear an appeal by Trump Administration prosecutors
challenging an appeals court decision to throw out felony charges against a
Texas man for allegedly possessing a firearm and admitting to regular
cannabis use. The 5th U.S. Circuit Court of Appeals had dismissed the
charges as a violation of defendant Ali Daniel Hemani’s 2nd Amendment
rights, citing a landmark 2022 Supreme Court ruling that broadly expanded
citizens’ gun rights.

Hemani’s attorneys argued that with adult-use legalization in effect in
about half the states — and with at least 20% of Americans having tried
cannabis — the federal ban on cannabis consumers owning guns violates the
spirit of the 2nd Amendment.

Arguments are expected in early 2026, according to the report. The court is
likely to make a ruling by early summer.

While prosecutors in the case ultimately decided only to pursue the
firearm-based charges, they said Hemani’s firearm violation was discovered
because the FBI was investigating him for potential ties with the Iranian
Revolutionary Guard Corps, a State Department-designated terrorist group.
Hemani’s attorneys said the allegations are irrelevant to the case,
according to The New Republic.

Meanwhile, the 11th U.S. Circuit Court of Appeals in August reaffirmed
another court’s ruling that the federal provision banning drug users from
gun possession violates the 2nd Amendment rights of medical cannabis
patients.