Estimated reading time: 5 minutes
The U.S. Supreme Court handed gun owners a major victory Thursday, ruling that the federal government can’t automatically strip someone of their Second Amendment rights simply because they use marijuana.
In a unanimous decision, the Court sided with Texas resident Ali Danial Hemani, a man who admitted he uses marijuana several times a week but wasn’t accused of violence, brandishing a firearm, drug trafficking, or doing anything reckless with a gun.
According to reporting from the Associated Press and Reuters, the case has been closely watched because it sits at the intersection of expanding marijuana legalization and the Supreme Court’s post-Bruen Second Amendment jurisprudence.
Yet the federal government still wanted to prosecute him. Why?
Because under federal law, marijuana remains a controlled substance, and prosecutors argued that Hemani’s marijuana use alone was enough to make him a prohibited person under 18 U.S.C. §922(g)(3).
The Supreme Court wasn’t buying it.
“That Fact Alone”
Justice Neil Gorsuch wasted no time getting to the heart of the case.
“Ali Hemani uses marijuana a few times a week. That fact alone, the government says, means he is automatically banned from possessing a firearm under federal law.”
Gorsuch then laid out what was at stake:
And because Mr. Hemani admits he owns a gun despite this ban, the government now seeks to prosecute him, imprison him for up to 15 years, and disarm him for life.
That’s a pretty steep penalty for a guy who wasn’t accused of threatening anyone, hurting anyone, or misusing a firearm.
According to the Court, Hemani told investigators he used marijuana “about every other day” after federal agents searched his family’s home. More than six months later, prosecutors charged him with possessing a firearm while being an unlawful user of a controlled substance.
That’s it. No violent crime. No armed drug trafficking. And, no allegation that he was high while handling a firearm. Just marijuana use.
The Government’s Argument Gets a History Lesson
Under the Supreme Court’s Bruen decision, the government can’t simply claim a gun restriction promotes public safety and call it a day. It has to show that the restriction fits within America’s historical tradition of firearm regulation.
To make its case, the government pointed to old laws that targeted “habitual drunkards.”
The argument was essentially this: People who regularly use intoxicants were restricted in the past, so people who regularly use marijuana can be restricted today.
The Court wasn’t impressed.
“We disagree,” Gorsuch wrote. Then he delivered what may become one of the most quoted lines from the opinion:
“The habitual drunkard laws on which the government relies here differ dramatically from §922(g)(3)’s unlawful user provision on every single metric the government invites us to consider.”
In other words, the government’s historical analogy wasn’t just weak. It missed the target completely.
The Court noted that historical laws generally focused on people whose drinking had become so severe that they could no longer manage their lives or care for themselves.
That’s a far cry from automatically disarming everyone who uses marijuana a few times a week.
George Washington Accidentally Enters the Chat
One of the more entertaining parts of the opinion comes when Gorsuch starts discussing how much alcohol Americans consumed during the founding era.
The opinion notes that John Adams drank hard cider with breakfast. Thomas Jefferson enjoyed wine with dinner. George Washington regularly drank madeira. The point wasn’t to embarrass the Founding Fathers.
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It was to show that early Americans drew a distinction between people who consumed alcohol and people who were genuinely incapacitated by it.
The government, meanwhile, wanted the Court to treat all regular marijuana users as the modern equivalent of chronic drunkards. The justices weren’t convinced.
As the Court explained, the government’s theory would sweep in huge numbers of people without ever asking whether they were actually dangerous.
Are Millions of Americans Suddenly Dangerous?
This is where the opinion gets especially interesting. The government argued that marijuana users can be disarmed because they’re categorically dangerous.
The Court responded by pointing out something awkward. The federal government itself has spent years backing away from marijuana enforcement while most states have legalized cannabis in some form.
As Gorsuch put it:
“All of which leaves it awkwardly positioned to suggest that the millions of Americans who now regularly use marijuana are categorically and unusually dangerous.”
That’s about as close as Supreme Court opinions get to saying, “Come on, really?”
The Court wasn’t saying marijuana is harmless. It wasn’t saying people should mix guns and drugs.
What it was saying is that the government can’t simply wave its hands and declare millions of Americans dangerous without proving it.
The Bigger Second Amendment Issue
For many gun owners, the most important part of the opinion may have nothing to do with marijuana. Instead, it has to do with who gets to decide which groups of Americans lose their constitutional rights.
Quoting a famous dissent written by then-Judge Amy Coney Barrett, the Court warned:
Affording the government that kind of broad power to designate any group as dangerous and thereby disqualify its members from having a gun would risk allowing it to quickly swallow the Second Amendment.”
That concern extends well beyond marijuana.
If the government can disarm one group simply by labeling it dangerous, what stops it from doing the same thing to another group tomorrow?
The Court clearly viewed that question as a serious one.
What This Ruling Does Not Do
Before anyone starts declaring victory for every marijuana user in America, it’s worth reading the fine print.
The Court repeatedly emphasized that this is a narrow ruling.
- It does not address firearm bans for drug addicts.
- It does not address laws prohibiting gun possession while someone is actively intoxicated.
- It does not affect the federal prohibition on firearm possession by convicted felons.
- And it leaves open the possibility that the government could bring future cases if it can actually show that a particular person’s drug use makes them dangerous.
So no, the Court didn’t wipe out every drug-related gun law. But it did make one thing crystal clear.
The federal government cannot automatically strip an otherwise law-abiding citizen of his Second Amendment rights simply because he uses marijuana. For gun owners, that’s a significant win.
For the government, it’s another reminder that after Bruen, broad restrictions need more than good intentions. They need history on their side.
And in this case, the Court concluded the government came up short.
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I’m waiting for the “Trump trying to take rights away” posts to come up. Sorry folks, but the marijuana question was added to the form 4473 during the BLESSED OBAMA administration.
I made a post here back then that the Obama admin would use it to take out all those that use weed recreationally. It probably did if anybody actually said yes to the question.
If you are not harming others in your actions, you should not be denied a Right. Simply we have rights, not given from Government or men, Rights we are born with as humans.
Marijuana, alcohol and other things that give you an altered state of mind are not generally healthy to the body or soul. Government has too much power now, it has surpassed what it was supposed to be. The small things we take back only increase freedom. This is just a small win, it does set a precedent for other things.
Marijuana is not medicine… You don’t SMOKE medicine. The FDA narrowly approved derivatives containing THC for nausea in chemotherapy patients, and for chronic wasting in AIDS patients. CBD has been approved only to treat seizures associated with Lennox-Gastaut syndrome, or Dravet syndrome.
The only REAL condition marijuana treats, is the condition of not being HIGH.
Chronic marijuana use causes permanent changes to the frontal lobe, which is the area of the brain responsible for executive decision making, reasoning, impulse control, and emotional regulation. THESE CHANGES ARE PERMANENT, AND EXIST REGARDLESS OF WHETHER SOMEONE HAS MARIJUANA IN THEIR SYSTEM. That sounds EXACTLY like the sort of people we want to encourage to own deadly weapons!
America is going up in smoke. Marijuana is far from harmless. It turned my wife and soul mate into a selfish, pathological liar, who eventually left our marriage so she could continue to abuse marijuana at will.
Vaping marijuana is associated with more symptoms of lung damage than vaping nicotine, or even smoking cigarettes. What the f–k are you teaching your children?!?
I am 100% for the Second Amendment, but I strongly believe we shouldn’t ENDORSE gun ownership among “heads”. Perhaps unintentionally, SCOTUS is sending a dangerous message. Chronic marijuana abuse and deadly weapons are a poor mix.
Thankfully, NOTHING in this decision legalizes marijuana. It remains illegal at the Federal level, and in all states where the populace hasn’t already fried their brains.
Hmm, uninformed authoritarian opinion or the opinion of hundreds of thousands of recreational and medicinal users, medical professionals, and the like? Easy choice, your opinion is irrelevant.
The scientific facts I list are not opinion. Addicts don’t really give a rat’s ass about facts, though. By all means, feel free to sacrifice your life and the lives of your children on the altar of Mary Jane. It’s this century’s Snake Oil. Politicians are already salivating over the potential tax revenue, and Big Marijuana will gladly wade through your corpses on the way to the bank. So, go for it… Get SMOKED!
Womp womp
And once again, even an ideologically divided Supreme Court correctly ruled 9-0 that GD politicians DO NOT have the right to control every aspect of their would be subjects lives, especially when it comes to Americans’ Constitutional rights they wish to exercise, including those rights politicians hate and despise!!
This is great news! Glad to hear about this decision.
I think most people answer “yes” they are buying a gun for themselves, and “no” for the rest of the questions, on the 4473 that FFL’s use. The reason SCOTUS found this case “void” is the Feds used an old archaic statute or rule( about “inebriates” or some such term), and tried to take firearms the guy already had.
40 years ago I ran a living facility for alcoholic men, who weren’t able to care for themselves. A local ordinance banned “inebriates” from liquor stores. So we were able to “blackball” them from these places. How would that work today? Not so much.
After re-reading the case, it appears the guy also had cocaine in possession. I wonder why that didn’t come into play? Are all drugs now OK for firearm possession? Just wondering? The other article I read, prefaced that the Hunter Biden case related to this, also.
The opinion was not about or based upon the “Harmful damage” Cannabis does and that wasn’t the original question before the court. No more than how alcohol affects the brain and body. But the over reach of government. Think how the government could then claim drinking alcohol, in any amount, would bar people from owning firearms. I don’t drink, but I’ve taken cold/flu meds that has the nasty stuff. Under the left’s crazy inability to reason, that would be enough to bar a person from owning a firearm. They’re trying to chip away our rights and freedoms wherever they can. Don’t ever believe their deceitfulness.
After reading your comments, it’s a disgrace. Y’all probably think that if you drink that’s ok. More destruction has come from drunks than cannabis. People don’t become violent with cannabis. Ignorance is no excuse of the law. According to the government, they don’t care they want your guns. At any and all costs.
The constitution clearly states shall not be infringed. That means every law written against the 2A, is illegal. It was specifically written for the people, not the government. The forefathers just lived it. They were wise beyond their years.
You can be anti marijuana all you want. Cannabis has more healing properties than any pharmaceutical drug. Maybe before speaking on issues you know nothing about, LEARN!!!!!
I totally agree with what you just said 💯
It’s really sad how we the public are compartmentalized you can’t compare cannabis to “legal drug” alcohol!!
Alcohol has killed more people ruined so many families I dare to say more than cannibis
There are way too many authoritarian Fudds in the 2A movement.
I think the legalization of marijuana is just another ploy to disarm all Americans. It was the plan all along. The government wants to keep people stoned , drunk or just plain stupid so they gain more control over our lives and then they can do whatever they want. I realize that marijuana is beneficial to some people but when the government wants to take away our rights after they legalize it, you better start being concerned about their motives.
This is no win for 2A supporters, it is a grave mistake. I am very pro gun and very anti marijuana. Federal law overrules state law and until that changes, recreational marijuana users remain under federal jurisdiction. Rec users are still violating federal law, and should thus be excluded from gun purchases. This is NOT better, this is going to get worse…
I won’t disagree weed has mixed effects on different people, especially those with addictive personalities.
But if a society is going to ban weed on that basis, or on a 1920’s-30’s conceit about Negro jazz musicians using it to seduce white women, then the nation should have hunkered down and kept Prohibition in place despite the fact a vast majority of the population hated it.
Making the majority of the population bow to the will of the minority – during Prohibition, the minority was the Women’s Christian temperance Union – sounds either theocratic or communist, and both are governance systems incompatible with republican democracy.
Right, so you’re only partly authoritarian? If you don’t agree with the civil right then it shouldn’t exist, right? Way to go, Fudd.
now don’t phuck it up for every body!!!