Supreme Court ruling sides with marijuana user charged with illegally owning gun under federal law

In his opinion, Justice Neil Gorsuch said that the ruling limits but doesn't remove the government's ability to take guns from drug users. “We do not address efforts to ban addicts, or those presently intoxicated, from possessing a firearm,” the justice wrote.

Published: June 18, 2026 11:17am

The Supreme Court on Thursday ruled 9-0 in favor of a Texas marijuana user who wants to legally own guns. 

In 2022, the FBI searched the home of Ali Danial Hemani and found a Glock-19 9mm pistol, 60 grams of marijuana and 4.7 grams of cocaine. Hamani told the agents he used marijuana roughly every other day, and based on that statement, Hemani was charged with violating a federal law that prohibits people who use or are addicted to controlled substances" from owning guns.

The law carries a sentence of up to 15 years, according to SCOTUSblog. Hemani faced no other charges, nor was he accused of using the weapon under the influence.

Hermani argued that the law violated his Second Amendment rights and asked a federal trial judge to toss the charge. Lower courts dismissed the indictment, and the court of appeals upheld the dismissal. 

The federal government in June asked the Supreme Court to review the case. The Trump administration argued that, while supporting the Second Amendment, Hermani's case "presents narrow circumstances where the government can satisfy rigorous burden." 

In his opinion, Justice Neil Gorsuch said that the high court's ruling limits but doesn't remove the government's ability to take guns from drug users. 

“We do not address efforts to ban addicts, or those presently intoxicated, from possessing a firearm,” the justice wrote. 

The opinion also discussed the fact that more than half of U.S. states allow licensed dealers to sell marijuana to adults. Gorsuch said in his opinion that the federal government has not only tolerated these developments, it helped fuel them, "which leaves it awkwardly positioned to suggest that the millions of Americans who now regularly use marijuana are categorically and unusually dangerous."

 

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