Supreme Court to Decide Gun Ownership Rights for Marijuana Users

The Supreme Court announced on March 6, 2024, that it will review whether individuals who regularly smoke marijuana can legally own firearms. This case follows the court’s 2022 ruling that expanded gun rights and has the potential to reshape the intersection of drug use and gun ownership laws in the United States.

The issue arose when the administration under former President Donald Trump requested the court to revive a case against a Texas resident, Ali Danial Hemani. Hemani was initially charged with a felony for possessing a firearm in his home while admitting to being a regular user of marijuana. The Justice Department intervened after a lower court largely invalidated a law that prohibits individuals using illegal drugs from owning firearms.

In 2022, the 5th U.S. Circuit Court of Appeals struck down this blanket ban as unconstitutional, asserting that it conflicts with the Supreme Court’s broadened interpretation of the Second Amendment. The appellate judges noted that while the law cannot broadly apply, it may still be invoked against individuals who are both armed and under the influence of drugs.

Hemani’s legal team contends that the law’s vague language places millions of Americans at risk of unintentional violations, particularly as government health data suggests that at least 20% of Americans have used marijuana. As more than half of U.S. states have legalized recreational marijuana, the conflict between state and federal laws remains a contentious issue.

The Justice Department maintains that the law is justified, citing public safety concerns associated with regular drug users. They argue that the FBI discovered both a firearm and cocaine in a search of Hemani’s residence during an investigation into alleged connections to Iran. While the gun charge was the only one filed against him, Hemani’s lawyers argue that the unrelated allegations were introduced to portray him as a greater threat.

This case highlights the ongoing challenges in applying the Supreme Court’s recent rulings regarding firearm regulations. The court emphasized in its 2022 decision that the right to carry firearms in public for self-defense is protected by the Second Amendment, and any restrictions must be firmly rooted in the nation’s history.

The ruling has spurred a wave of challenges against firearm laws across the country. Nonetheless, the court has also upheld other federal laws aimed at protecting victims of domestic violence, demonstrating the complexities of balancing Second Amendment rights with public safety concerns. The outcome of this case could have significant implications for both marijuana users and gun ownership rights in the United States.