❓WHAT HAPPENED: The Supreme Court announced it will examine the constitutionality of a federal law prohibiting regular marijuana users from owning firearms, following an appeal by the Trump administration to reinstate felony charges against a Texas gunowner who acknowledged being a regular user of the drug.
👤WHO WAS INVOLVED: Ali Danial Hemani, the Department of Justice (DOJ) under President Donald J. Trump, the 5th U.S. Circuit Court of Appeals, and Supreme Court justices.
📍WHEN & WHERE: The decision to take the case was announced on October 20, 2025, originating from a 2023 indictment in Texas.
🎯IMPACT: The ruling could redefine Second Amendment protections for millions of marijuana users amid expanding state legalization, building on the 2022 Bruen decision and sparking further challenges to gun restrictions.
The U.S. Supreme Court agreed on Monday to review whether habitual marijuana consumers can be barred from firearm possession under federal law, marking the latest high-profile gun rights dispute since the court’s 2022 Bruen decision expanding Second Amendment protections. The Trump administration petitioned the justices to overturn a lower court’s dismissal of charges against Texas resident Ali Danial Hemani, who faced felony prosecution for keeping a gun at home despite admitting to routine cannabis use.
Hemani’s case stems from a 2023 Federal Bureau of Investigaion (FBI) raid on his residence, prompted by suspicions of ties to Iranian entities, where agents discovered a 9mm pistol, marijuana, and cocaine. Prosecutors secured a conviction based on a gun possession charge tied to Hemani’s unlawful drug use. However, the charge was subsequently thrown out by the 5th Circuit Court of Appeals on the grounds the prosecution violated the Supreme Court’s Bruen framework which the appellete panel ruled permitted enforcement solely for individuals intoxicated while armed.
Department of Justice (DOJ) attoneys, in their appeal of the 5th Circuit ruling argue that the drug-user restriction is a reasonable safeguard against public hazards posed by impaired owners. Notably a number of states, like Virginia, have laws against open and concealed carry while intoxicated. Virgina also prohibits carrying a concealed handgun while drinking at a bar or restaurant, and consuming alcohol while carrying a firearm at any private event where special licenses permit drinking.
Lawyers representing Hemani maintain that the statute endangers countless citizens with inadvertent breaches, citing federal data showing 20 percent of Americans have experimented with marijuana, even as roughly half the states permit recreational use—though it remains a controlled substance federally.
Oral arguments are anticipated to be held early next year, with a final opinion expected by summer’s end.
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