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The U.S. Supreme Court next year will consider whether Americans who consume cannabis can legally possess firearms, the Associated Press reports.
The justices will hear an appeal by Trump Administration prosecutors challenging an appeals court decision to throw out felony charges against a Texas man for allegedly possessing a firearm and admitting to regular cannabis use. The 5th U.S. Circuit Court of Appeals had dismissed the charges as a violation of defendant Ali Daniel Hemani’s 2nd Amendment rights, citing a landmark 2022 Supreme Court ruling that broadly expanded citizens’ gun rights.
Hemani’s attorneys argued that with adult-use legalization in effect in about half the states — and with at least 20% of Americans having tried cannabis — the federal ban on cannabis consumers owning guns violates the spirit of the 2nd Amendment.
Arguments are expected in early 2026, according to the report. The court is likely to make a ruling by early summer.
While prosecutors in the case ultimately decided only to pursue the firearm-based charges, they said Hemani’s firearm violation was discovered because the FBI was investigating him for potential ties with the Iranian Revolutionary Guard Corps, a State Department-designated terrorist group. Hemani’s attorneys said the allegations are irrelevant to the case, according to The New Republic.
Meanwhile, the 11th U.S. Circuit Court of Appeals in August reaffirmed another court’s ruling that the federal provision banning drug users from gun possession violates the 2nd Amendment rights of medical cannabis patients.
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