U.S. Supreme Court sides with man who says it’s not a crime for marijuana users to have guns

Marijuana clones are shown for sale at Tropicanna Dispensary and Weed Delivery in Santa Ana, Calif., April 23, 2026.(AP Photo/Jae C. Hong, File)

WASHINGTON — The U.S. Supreme Court ruled Thursday against a broad federal ban on gun ownership by marijuana users, the latest in a line of firearm cases from a court that has expanded gun rights.

The justices decided unanimously in favour of Ali Danial Hemani, a Texas man who argued that a law barring guns from anyone who uses illegal drugs violates the Second Amendment.

Justice Neil Gorsuch wrote that his opinion narrowly limits the government’s power to take guns away from drug users who are not considered dangerous. Hemani was not charged with any other crimes or accused of using the weapon under the influence.

The decision is a loss for U.S. President Donald Trump’s Republican administration, which had defended the 1968 law despite arguing against other gun restrictions. The measure was also 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, a Democrat.

Someone addicted to a drug could potentially still be prosecuted after Thursday’s decision.

“We do not address efforts to ban addicts, or those presently intoxicated, from possessing a firearm,” Gorsuch wrote. Prosecutors could charge a marijuana user if they had evidence the person was dangerous, he said.

But there are millions of people who now use marijuana, which is broadly legal in about half the states and has gained widespread use for health purposes.

“Whatever one thinks of these developments, the federal government has not just tolerated them; it helped fuel them,” Gorsuch wrote. “All of which leaves it awkwardly positioned to suggest that the millions of Americans who now regularly use marijuana are categorically and unusually dangerous.”

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

The case made for some unusual political alliances.

The American Civil Liberties Union and the National Rifle Association supported Hemani’s case, as did cannabis legalization groups such as NORML. On the other side were gun safety groups including Everytown that usually oppose the administration on Second Amendment issues.

The ACLU applauded the ruling, saying that nearly half of Americans have reported using marijuana at some point in their lives.

“The court has sent a strong message that the government cannot criminalize the conduct of large numbers of people by making categorical and unfounded assumptions about whether they are dangerous,” said Cecillia Wang, legal director at the ACLU.

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

The opinion is the latest in a series of firearm cases to reach the Supreme Court since its 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 are also considering a second firearm case this term over strict regulations on carrying guns in Hawaii.

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Lindsay Whitehurst, The Associated Press