In a unanimous decision that could affect Americans who use marijuana and own firearms, the Supreme Court upheld lower court rulings that an unlawful drug user can still legally possess a gun.
The case challenged the constitutionality of a 1986 law that bans anyone deemed an “unlawful user” of a controlled substance from possessing a firearm.
It was brought by Ali Danial Hemani, a dual citizen investigated by the FBI and found in possession of a Glock 9 mm handgun, nearly 60 grams of marijuana and 4.7 grams of cocaine. Hemani admitted to regularly using both drugs.
He was charged under the Firearms Owners’ Protection Act of 1986, but argued the law violated his Second Amendment rights.
In 2024, a district court ruled his conviction unconstitutional, a decision later upheld by an appeals court. Last year, the Trump administration asked the justices to reverse those rulings.
Hemani contended the law does not apply to sober individuals merely possessing drugs. The government countered that it is consistent with other laws aimed at keeping firearms from dangerous individuals.
