Supreme Court Rules for Texas Marijuana User in Major Second Amendment Case
The U.S. Supreme Court on Thursday unanimously sided with Texas resident Ali Danial Hemani, ruling that federal prosecutors failed to justify applying a federal gun-possession ban against him solely because he was a marijuana user.
The case, United States v. Hemani, challenged a section of the 1968 Gun Control Act that bars firearm possession by anyone who is an unlawful user of a controlled substance. Federal agents found a Glock pistol and marijuana during a search of Hemani’s Texas residence, but prosecutors did not allege he was intoxicated while possessing the firearm.
Writing for a unanimous Court, Justice Neil Gorsuch concluded the government had not met its burden of showing that prosecuting Hemani under the statute was consistent with the Second Amendment.
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The ruling arrives as marijuana laws remain increasingly fragmented. More than half of U.S. states allow recreational or medical marijuana use, yet cannabis remains illegal under federal law. That conflict has created legal uncertainty for gun owners because federal firearms forms still ask whether buyers unlawfully use controlled substances.
In Texas, marijuana remains broadly illegal outside a limited medical program, although hemp-derived THC products have become common statewide. The Supreme Court ruling does not change Texas marijuana law. It instead affects how federal gun restrictions may be enforced against marijuana users moving forward.
The decision drew support from unusual allies, including the ACLU, gun-rights advocates and cannabis reform groups. Gun-control organizations opposed Hemani’s position, arguing the restriction serves a public-safety purpose.
The case is expected to influence future Second Amendment challenges involving firearm restrictions tied to drug use and other categories of prohibited possessors.
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