Supreme court sides with Texas marijuana user who wants to legally own a gun
- The Supreme Court ruled in favor of Texas marijuana user Ali Danial Hemani, stating that a law barring gun ownership for illegal drug users violates the Second Amendment.
- The decision opposes the Trump administration's defense of the 1968 law and follows a pattern of the Court expanding gun rights since a landmark 2022 ruling.
- The case garnered unusual political alliances, with groups like the ACLU, NRA, and cannabis legalization advocates supporting Hemani, while gun safety groups opposed him.
- Although many states have legalized cannabis, it remains illegal federally, and criminal charges involving gun ownership and drug use are typically linked to other offenses rather than being standalone.
The supreme court sided on Thursday with a Texas marijuana user who wants to legally own a gun, the latest in a line of firearm cases from a court that has expanded gun rights.
The justices sided with Ali Danial Hemani, who argued that a law barring guns from anyone who uses drugs illegally violates the second amendment. Hemani was not charged with any other crimes or accused of using the weapon under the influence.
The decision is a loss for 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, Joe Biden, then the Democratic president.
The opinion is the latest in a series of firearm cases to reach the supreme court since a landmark ruling expanding gun rights in 2022 led to a wave of challenges around the country.
Since then, the 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 considered two firearm cases this term alone.
The legality and use of cannabis, meanwhile, has also shifted significantly in recent years. More than half of US states have now legalized it broadly, and it has gained widespread use for health purposes.
Recreational use remains illegal on a federal level, however, even after the Trump administration reclassified medical marijuana as a less-dangerous drug in April.
It is rare to see standalone criminal charges filed against people accused of owning guns and using drugs. The charge is more often filed against people also accused of other crimes.
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The case made for some unusual political alliances. The American Civil Liberties Union and the National Rifle Association both supported Hemani’s case, as did cannabis legalization groups like Norml. On the other side were gun safety groups like Everytown that usually oppose the Trump administration on second amendment issues.