The U.S. Supreme Court on Thursday unanimously ruled in favor of a Texas man whose gun rights were stripped under a federal law banning firearm possession by unlawful users of controlled substances, including marijuana.
In United States v. Hemani, the justices held that the government’s prosecution of Ali Danial Hemani under 18 U.S.C. §922(g)(3) violates the Second Amendment as applied to him. Justice Neil Gorsuch wrote the majority opinion, joined by Chief Justice John Roberts and Justices Clarence Thomas, Sonia Sotomayor, Brett Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson.
Hemani, a dual U.S.-Pakistan citizen living in the Dallas area, came to the authorities’ attention in 2022 when FBI agents searched his family home. Agents found a Glock 19 9mm pistol, about 60 grams of marijuana, and a small amount of cocaine.
Hemani cooperated, surrendering the gun and telling agents he used marijuana about every other day. Prosecutors charged him solely based on his marijuana use under the federal law that prohibits anyone who is an “unlawful user of or addicted to any controlled substance” from possessing a firearm — a felony punishable by up to 15 years in prison.
Lower courts dismissed the charge. The U.S. District Court for the Eastern District of Texas and the Fifth U.S. Circuit Court of Appeals both ruled the law unconstitutional as applied to Hemani under the Supreme Court’s 2022 Bruen decision, which requires gun regulations to be consistent with the nation’s historical tradition of firearm regulation. The Trump administration asked the Supreme Court to revive the case.
The Court found the government failed to show that automatically disarming regular marijuana users aligns with historical analogs, primarily “habitual drunkard” laws from the 19th century. Those laws generally required a showing of incapacitation or danger and involved judicial process before restricting rights, unlike the broad, automatic ban under §922(g)(3).
The ruling is narrow. It does not address bans on people with a substance use disorder, those intoxicated at the time of possession, or prosecutions with individualized proof of danger. It also leaves intact felon-in-possession laws and other restrictions.
Implications for Americans
Marijuana remains a Schedule I controlled substance at the federal level under the Controlled Substances Act. However, the Justice Department has moved certain FDA-approved or state-licensed products toward Schedule III. Federal law still prohibits marijuana users from possessing guns nationwide, creating tension with state laws.
Approximately 44 to 64 million Americans (roughly 15–23% of adults) reported using marijuana in the past month or year as of recent 2024–2025 data, with lifetime use exceeding 50%. Usage has risen steadily.
Recreational marijuana is legal in 24 states plus D.C. and some territories. Medical marijuana programs exist in about 41 states and D.C. Full prohibition (no comprehensive medical or recreational programs) remains in a handful of states, including Idaho, Kansas, South Carolina, and Wyoming, though enforcement varies.
Can you legally carry a gun if you use marijuana? Under federal law, the answer is still no. The prohibition remains in effect nationwide. However, Thursday’s Supreme Court ruling makes it significantly harder for the government to prosecute regular marijuana users who are not intoxicated at the time they possess the firearm.
The ruling protects individuals like Hemani from prosecution based solely on regular (but non-intoxicated) use without additional evidence of danger. It does not legalize gun possession for all marijuana users or eliminate the statute. People who use marijuana should still consult current federal and state laws, as violations can result in felony charges.
