Supreme Court Sides With Texas Man, Rules Marijuana Users Can Own Guns

The Texas Tribune

WASHINGTON — The U.S. Supreme Court sided Thursday with a Texas marijuana user who wants to legally own a firearm, the latest in a line of firearm cases from a court that has expanded gun rights.

The justices, in a unanimous decision, sided with Ali Danial Hemani, who argued that a law barring guns from anyone who uses drugs illegally violates the Second Amendment. Hemani wasn’t charged with any other crimes or accused of using the weapon under the influence.

The 1968 law had previously been used in a case against Hunter Biden, who was convicted in Wilmington, Delaware, of buying a gun while addicted to cocaine in 2018. He was later pardoned by his father, then-President Joe Biden.

The opinion is the latest in a series of firearm cases to reach the Supreme Court since a landmark ruling expanding gun rights in 2022 led to a wave of challenges around the country.

Since then, the high court has upheld a law aimed at protecting victims of domestic violence and strict regulations on ghost gun kits but has struck down a ban on bump stocks, an accessory that enables rapid fire. The justices considered two firearm cases this term alone.

The legality and use of cannabis, meanwhile, has also shifted significantly in recent years. More than half of U.S. states have now legalized it broadly, and it’s gained widespread use for health purposes.

Recreational use remains illegal on a federal level, however, even after the Trump administration reclassified medical marijuana as a less-dangerous drug in April.

It’s rare to see standalone criminal charges filed against people accused of owning guns and using drugs. The charge is more often filed against people also accused of other crimes.

The case made for some unusual political alliances. The American Civil Liberties Union and the National Rifle Association both supported Hemani’s case, as did cannabis legalization groups like NORML. On the other side were gun safety groups like Everytown that usually oppose the Trump administration on Second Amendment issues.