Supreme Court Upholds Right of Marijuana Users to Own Firearms

The US Supreme Court issued a unanimous decision on Thursday that a habitual marijuana user cannot be prohibited from owning a firearm.

The 9‑0 ruling is a win for advocates of the Second Amendment, which guarantees Americans the right to keep and bear arms.

The case centered on Ali Hemani, a Texas resident who was indicted for unlawful possession of a Glock pistol after admitting he used marijuana roughly every other day.

An appellate court had found that barring Hemani, a dual US‑Pakistani national, from gun ownership violated his Second Amendment rights.

The Justice Department, led by former President Donald Trump, which generally supports expansive gun rights, challenged that appellate decision.

The Supreme Court sided with the appellate court, declaring that the prosecution of Hemani was “inconsistent with the Second Amendment.”

Justice Neil Gorsuch, who wrote the opinion, noted that marijuana laws have become more permissive in many parts of the country.

“Whatever one thinks of these developments, the federal government has not just tolerated them; it helped fuel them,” Gorsuch said.

“All of which leaves it awkwardly positioned to suggest that the millions of Americans who now regularly use marijuana are categorically and unusually dangerous.”

Gorsuch also emphasized that the decision is “narrow,” focusing solely on marijuana, and does not address attempts to ban owners of other illegal drugs from possessing firearms.

Hunter Biden, son of former President Joe Biden, was convicted under the same statute that bars possession of firearms by a person who is “an unlawful user of or addicted to any controlled substance.” The offense carries a maximum penalty of 15 years in prison.

Hunter Biden was pardoned by his father shortly before he left office last year.

Cecillia Wang, legal director at the American Civil Liberties Union, welcomed the Supreme Court’s ruling in the Hemani case.

“Today’s unanimous 9‑0 decision makes it clear that the government cannot make it a crime for people to own a gun, which the Supreme Court has held is a fundamental constitutional right, simply because they use marijuana,” Wang said.

“With nearly half of Americans reporting marijuana use at some point in their lives, this ruling protects the rights of millions and curbs the government’s ability to impose arbitrary and discriminatory penalties,” she added.

The Hemani case is one of two gun‑rights cases the court heard this term.

The other involved a Hawaii law that limits where holders of concealed‑carry permits can bring their firearms. The court has not yet ruled on that case.

Earlier this term, the Supreme Court upheld regulations on “ghost guns” – firearms sold in easy‑to‑assemble kits – and restricted gun access for individuals subject to domestic‑violence restraining orders.

AFP

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