Supreme Court Rules Unanimously That Marijuana Users Have Second Amendment Right to Own Guns

The Supreme Court issued a unanimous decision on Thursday in favor of Ali Danial Hemani, a Texas marijuana user who challenged a 1968 federal law prohibiting gun ownership for individuals who use illegal drugs. The court determined that the law violates the Second Amendment, marking another significant expansion of firearm rights by the court. Hemani was neither charged with nor accused of using a weapon under the influence, making this a case focused narrowly on constitutional rights rather than public safety concerns during drug use.

The decision represents a political setback for the Trump administration, which had defended the 1968 statute despite arguing against other gun restrictions. The law has also been employed in prosecutions including that of Hunter Biden, who was convicted of purchasing a firearm while addicted to cocaine in 2018 and was later pardoned by his father, then-President Joe Biden.

The ruling reflects broader shifts in both firearms law and cannabis policy. Since the Supreme Court's landmark 2022 decision expanding gun rights, the justices have considered multiple firearm cases, striking down bump stock bans while upholding domestic violence protections and regulations on ghost gun kits. The case generated unusual political coalitions, with the American Civil Liberties Union, National Rifle Association, and cannabis legalization groups like NORML supporting Hemani, while gun safety organizations like Everytown opposed the challenge.

Cannabis legalization has accelerated significantly across the United States, with more than half of states now legalizing the drug broadly for medical and wellness purposes. However, recreational marijuana remains illegal at the federal level, despite the Trump administration's April 2026 reclassification of medical marijuana as a less dangerous substance. Standalone criminal charges for gun ownership combined with drug use remain rare in practice, typically appearing only as secondary charges in cases involving other crimes.