Supreme Court Reviews Gun Ownership Restrictions for Marijuana Users
The Supreme Court appeared inclined on Monday to potentially ease federal restrictions that prevent marijuana users from possessing firearms, in a case that has unusually bridged political divides.
During the proceedings, a significant portion of the justices showed support for a limited verdict in favor of Ali Danial Hemani, a Texas resident. Hemani contested the charges against him, arguing that occasional marijuana use should not disqualify him from gun ownership.
The Trump administration, seeking to reinstate Hemani’s criminal charges, urged the court to uphold the law banning gun ownership for all illegal drug users. However, justices from both liberal and conservative backgrounds expressed doubt about the law’s justification.
Conservative Justice Amy Coney Barrett questioned the rationale behind the law, asking, “What is the government’s evidence that using marijuana a couple of times a week makes someone dangerous?”
Despite the Trump administration’s history of contesting gun control legislation, Principal Deputy Solicitor General Sarah Harris defended the statute as a necessary precaution against potential threats posed by drug users with firearms.
Justice Neil Gorsuch highlighted the contradiction between federal and state stances on marijuana legality, stating, “What do we do with the fact that marijuana is sort of illegal and sort of isn’t and that the federal government itself is conflicted on this?”
Gorsuch, part of the conservative majority that broadened gun rights in the 2022 New York State Rifle and Pistol Association v. Bruen case, faced scrutiny from liberal Justice Ketanji Brown Jackson. She noted the lack of historical support for the firearms ban on cannabis users, saying, “I think your argument sort of falls apart under the Bruen test.”
The government referenced past laws that restricted firearm access for “habitual drunkards” as historical evidence supporting the current law. Conversely, Erin Murphy, representing Hemani, argued these old laws addressed severe alcoholism, not moderate or occasional substance use.
Murphy emphasized that many contemporary cannabis users, who might use products like gummies for sleep, are capable of responsibly handling firearms.
This case has brought together unlikely allies, with the American Civil Liberties Union and the National Rifle Association backing Hemani, alongside cannabis advocacy groups such as NORML. Typically opposing the Trump administration, gun-safety organizations like Everytown have stood against Hemani’s argument.
Some justices voiced concerns that ruling in favor of Hemani could lead to increased firearm access for users of more dangerous drugs, or necessitate courts to routinely assess the risk associated with various substances.
Chief Justice John Roberts remarked, “It just seems to me that this takes a fairly cavalier approach to the necessary consideration of expertise and the judgments we leave to Congress and the executive branch.”
The Supreme Court is expected to deliver its decision on this case by the end of June.
