Pull to refresh
Logo
Daily Brief
Following
Why Ranks Sign Up
Supreme Court tests whether marijuana users can own guns

Supreme Court tests whether marijuana users can own guns

Rule Changes

United States v. Hemani pits a 1968 federal firearms ban against the Second Amendment, with implications for millions of Americans in states where marijuana is legal

March 2nd, 2026: Supreme Court hears oral arguments

Overview

Since 1968, federal law has barred anyone who uses illegal drugs from owning a firearm. On March 2, 2026, the Supreme Court heard arguments over whether the ban violates the Second Amendment for roughly 50 million Americans who use marijuana legally under state law but not under federal law.

The case, United States v. Hemani, has produced one of the most unusual coalitions in recent Supreme Court history. The National Rifle Association (NRA), the National Organization for the Reform of Marijuana Laws (NORML), the American Civil Liberties Union (ACLU), and the Cato Institute all argue the ban is unconstitutional.

The Trump administration's Justice Department is defending the statute — putting the president at odds with the NRA even as he's pushed to reschedule marijuana and championed gun rights. A ruling is expected by late June 2026.

Questions about this story

No questions yet — be the first to ask.

Play on this story Voices Debate Predict

Key Indicators

~50M
Americans potentially affected
Estimated number of marijuana users in states where it is legal under state law but federally prohibited
24
States with legal recreational marijuana
Adult-use cannabis is legal in 24 states as of 2025, with 40 states permitting medical use
30+
Amicus briefs filed
More than 30 organizations filed friend-of-the-court briefs, most supporting Hemani
58 years
Age of the statute
Section 922(g)(3) of the Gun Control Act has been law since 1968

Voices

Curated perspectives — historical figures and your fellow readers.

Ever wondered what historical figures would say about today's headlines?

Sign up to generate historical perspectives on this story.

Play

Exploring all sides of a story is often best achieved with Play.

Log in to play. Track your picks, climb the leaderboards. Log in Sign Up
Predict 4 ways this could play out. Contrarian picks score more — points lock when the scenario resolves. Log in to play
Timeline Five events from this story — drag them oldest to newest. Log in to play
Connections Sixteen names from the news. Find the four hidden groups of four. Log in to play

People Involved

Organizations Involved

Timeline

October 1968 March 2026

12 events Latest: March 2nd, 2026 · 4 months ago Showing 8 of 12
Tap a bar to jump to that date
  1. Trump orders marijuana rescheduling

    Policy

    President Trump signs an executive order directing the attorney general to expedite moving marijuana from Schedule I to Schedule III of the Controlled Substances Act. The order does not legalize marijuana but undermines the government's argument that marijuana users are categorically dangerous.

  2. Gun Control Act becomes law

    Legislation

    President Lyndon Johnson signs the Gun Control Act, which creates categories of 'prohibited persons' barred from owning firearms, including users of controlled substances under what becomes Section 922(g)(3).

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

June 2024

United States v. Rahimi (2024)

The Supreme Court considered whether Zackey Rahimi, a man subject to a domestic violence restraining order in Texas, could be barred from possessing firearms under a different provision of the same federal statute—18 United States Code Section 922(g)(8). The Fifth Circuit had struck down that ban too, using the same Bruen framework, ruling the government had no historical analogue for disarming domestic abusers.

Then

The Court reversed the Fifth Circuit 8-1, with only Justice Clarence Thomas dissenting. Chief Justice Roberts wrote that historical analogues need not be 'dead ringers'—only similar enough in principle.

Now

Rahimi softened the strict Bruen test and showed the Court's willingness to uphold 'prohibited persons' categories when it sees a genuine public safety rationale. But the narrowness of some concurrences left open the question of how far the principle extends.

Why this matters now

Rahimi is the direct legal backdrop for Hemani. The government will argue that if disarming domestic abusers passes the historical test, disarming habitual drug users should too. Hemani's lawyers will argue that domestic violence involves proven individual dangerousness, while drug-user status is a far weaker proxy.

June 2005

Gonzales v. Raich (2005)

Angel Raich, a California medical marijuana patient, challenged the federal government's authority to prosecute marijuana users in states where medical cannabis was legal. The Supreme Court ruled 6-3 that Congress could regulate marijuana under the Commerce Clause even when state law permitted its use, reasoning that homegrown marijuana could affect interstate markets.

Then

Federal supremacy over marijuana policy was affirmed, and state-legal users remained subject to federal prosecution.

Now

The decision cemented a legal regime where marijuana can be simultaneously legal under state law and illegal under federal law—the exact tension now animating the Hemani firearms case.

Why this matters now

Raich created the federal-state contradiction at the heart of Hemani. Because marijuana remains a Schedule I controlled substance federally, the approximately 50 million Americans who use it in legal states are technically 'unlawful users' barred from owning guns—even though their state governments told them their use was lawful.

January 1920 – December 1933

Prohibition in the United States (1920–1933)

The Eighteenth Amendment banned the manufacture, sale, and transportation of alcohol nationwide. The average American in the founding era drank more than three gallons of spirits per year—roughly double today's rate. Despite this, founding-era laws targeting 'habitual drunkards' focused on behavior (vagrancy, disorderly conduct) rather than blanket disarmament.

Then

Prohibition generated massive noncompliance, a black market controlled by organized crime, and widespread public backlash.

Now

It was repealed after 13 years—the only constitutional amendment ever reversed—demonstrating the limits of prohibiting widely used substances.

Why this matters now

The government's core argument in Hemani rests on founding-era laws regulating habitual drunkards. But those laws punished drunken behavior, not the status of being a drinker. With 87% of Americans now supporting marijuana legalization, Hemani forces the Court to decide whether a 1968 statute can survive a historical test drawn from an era when alcohol use was ubiquitous and drug prohibition did not exist.

Sources

(15)