{"id":876279,"date":"2026-06-18T16:55:19","date_gmt":"2026-06-18T16:55:19","guid":{"rendered":"https:\/\/www.europesays.com\/us\/876279\/"},"modified":"2026-06-18T16:55:19","modified_gmt":"2026-06-18T16:55:19","slug":"supreme-court-sides-with-marijuana-user-who-wants-to-legally-own-a-gun","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/us\/876279\/","title":{"rendered":"Supreme Court sides with marijuana user who wants to legally own a gun"},"content":{"rendered":"

WASHINGTON (AP) \u2014 The Supreme Court<\/a> 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. <\/p>\n

The justices decided unanimously<\/a> in favor of Ali Danial Hemani<\/a>, a Texas man who argued that a law barring guns from anyone who regularly uses illegal drugs violates the Second Amendment. <\/p>\n

<\/p>\n

\"Marijuana<\/p>\n

Marijuana clones are shown for sale at Tropicanna Dispensary and Weed Delivery in Santa Ana, California, on April 23, 2026. (AP Photo\/Jae C. Hong)<\/p>\n

Marijuana clones are shown for sale at Tropicanna Dispensary and Weed Delivery in Santa Ana, California, on April 23, 2026. (AP Photo\/Jae C. Hong)<\/p>\n

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Justice Neil Gorsuch wrote that his opinion narrowly limits the government\u2019s 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. <\/p>\n

The decision is a loss for President Donald Trump\u2019s Republican administration, which had defended the 1968 law despite arguing against other gun restrictions. Its core argument \u201cfails under every measure,\u201d Gorsuch wrote. <\/p>\n

The law was originally meant to keep guns away from dangerous people, but millions of people now use marijuana, Gorsuch wrote. Marijuana is broadly legal in about half the states and has gained widespread use for health purposes. <\/p>\n

\u201cWhatever one thinks of these developments, the federal government has not just tolerated them; it helped fuel them,\u201d Gorsuch wrote. \u201cAll of which leaves it awkwardly positioned to suggest that the millions of Americans who now regularly use marijuana are categorically and unusually dangerous.\u201d<\/p>\n

The law was also used in a case against Hunter Biden<\/a>, who was convicted in Wilmington, Delaware, of buying a gun while addicted to cocaine in 2018. He was later pardoned by his father<\/a>, Democratic President Joe Biden.<\/p>\n

<\/p>\n

\"Hunter<\/p>\n

Hunter Biden departs from federal court on June 10, 2024, in Wilmington, Delaware. (AP Photo\/Matt Rourke)<\/p>\n

Hunter Biden departs from federal court on June 10, 2024, in Wilmington, Delaware. (AP Photo\/Matt Rourke)<\/p>\n

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Someone addicted to a drug could potentially still be prosecuted after Thursday\u2019s decision. <\/p>\n

\u201cWe do not address efforts to ban addicts, or those presently intoxicated, from possessing a firearm,\u201d Gorsuch wrote. Prosecutors could charge a marijuana user if they had evidence the person was dangerous, he said. <\/p>\n

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

The case made for some unusual political alliances. <\/p>\n

The American Civil Liberties Union and the National Rifle Association supported Hemani\u2019s 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.<\/p>\n

The ACLU applauded the ruling, saying that nearly half of Americans have reported using marijuana at some point in their lives. <\/p>\n

\u201cThe 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,\u201d said Cecillia Wang, legal director at the ACLU. <\/p>\n

The Second Amendment Foundation called it a \u201cmajor victory for gun owners.\u201d<\/p>\n

The group Smart Approaches to Marijuana, which opposes legalization of the drug, condemned the court\u2019s decision. <\/p>\n

\u201cWhile the justices in this case appear to be most concerned with historical battles over Second Amendment rights, public health and safety are the collateral damage in this decision,\u201d said CEO Kevin Sabet.<\/p>\n

Gun control groups were more muted, with Everytown saying that it still recognizes that \u201cdrugs and guns can make for a dangerous mix.\u201d<\/p>\n

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. <\/p>\n

The opinion is the latest in a series of firearm cases to reach the Supreme Court since its landmark ruling expanding gun rights<\/a> in 2022 led to a wave of challenges around the country. <\/p>\n

Since then, the high court has upheld a law aimed at protecting victims of domestic violence<\/a> and strict regulations on ghost gun<\/a> kits but has struck down a ban on bump stocks<\/a>, 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. <\/p>\n

<\/p>\n

\"<\/p>\n

Ghost guns, provided by the New York City Police Department, are displayed in the Manhattan District Attorney\u2019s office on Oct. 15, 2025. (AP Photo\/Richard Drew)<\/p>\n

Ghost guns, provided by the New York City Police Department, are displayed in the Manhattan District Attorney\u2019s office on Oct. 15, 2025. (AP Photo\/Richard Drew)<\/p>\n

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<\/p>\n

\"In<\/p>\n

In this Oct. 4, 2017, file photo, a device called a bump stock is attached to a semi-automatic rifle at the Gun Vault store and shooting range in South Jordan, Utah. (AP Photo\/Rick Bowmer, File)<\/p>\n

In this Oct. 4, 2017, file photo, a device called a bump stock is attached to a semi-automatic rifle at the Gun Vault store and shooting range in South Jordan, Utah. (AP Photo\/Rick Bowmer, File)<\/p>\n

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___<\/p>\n

Follow the AP\u2019s coverage of the U.S. Supreme Court at https:\/\/apnews.com\/hub\/us-supreme-court<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"WASHINGTON (AP) \u2014 The Supreme Court ruled Thursday against a broad federal ban on gun ownership by marijuana…\n","protected":false},"author":3,"featured_media":876280,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_share_on_mastodon":"0"},"categories":[4,3],"tags":[160048,40181,64,356,12785,84,69,57,2935,56355,82,307819,3344,564,8006,95113,50,80,369,358,5029,5028,61,67,370,132,68,93],"class_list":["post-876279","post","type-post","status-publish","format-standard","has-post-thumbnail","category-united-states","category-us","tag-ali-danial-hemani","tag-american-civil-liberties-union","tag-business","tag-courts","tag-dc-wire","tag-district-of-columbia","tag-donald-trump","tag-general-news","tag-gun-politics","tag-hunter-biden","tag-joe-biden","tag-kevin-sabet","tag-marijuana","tag-maryland","tag-md-state-wire","tag-neil-gorsuch","tag-news","tag-politics","tag-supreme-court-of-the-united-states","tag-texas","tag-texas-state-government","tag-tx-state-wire","tag-u-s-news","tag-united-states","tag-united-states-government","tag-unitedstates","tag-us","tag-washington-news"],"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@us\/116772166108797942","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/876279","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/comments?post=876279"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/876279\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media\/876280"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media?parent=876279"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/categories?post=876279"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/tags?post=876279"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}