The U.S. Supreme Court announced on Monday that it will take up a potentially landmark case over whether people who regularly consume marijuana may legally possess firearms.
The Department of Justice (DOJ) requested that the high court consider the issue. It involves a Texas defendant who was hit with a felony charge after allegedly having a gun in his home while regularly smoking pot.
The law still prohibits inebriated persons from possessing firearms
A lower court already struck down the law that prohibited users of any illegal drugs from exercising their Second Amendment rights.
Much like with alcohol, appellate judges with the 5th U.S. Circuit Court of Appeals ruled that merely partaking does not render a person’s constitutional freedoms null and void.
Also similar to alcohol, the court determined that the law may still be wielded against those who are armed while under the influence. This position is reasonable and has the support of the gun rights lobby.
Currently, any marijuana use is grounds for denying the right to purchase a weapon
The ruling was a breakthrough for Ali Danial Hemani, the Texas man whose home was searched by authorities looking for a link to Iranian activities. While they probed communications and travel records, investigators stumbled onto 60 grams of marijuana, 4.7 grams of cocaine, and a Glock 9mm handgun.
Interestingly, only the gun charge was filed against Hemani.
Under current practice, the ATF gun transfer form 4473 asks: “Are you an unlawful user, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
A positive response immediately disqualifies the potential gun buyer.
It will be critical to observe how SCOTUS applies 2022’s Bruen decision, which greatly reestablished gun rights for self-defense, to this case. Marijuana is now legal in one way or another in dozens of U.S. states, but it remains a hard drug under federal law.
Unfortunately, the DOJ is not taking this opportunity to right a wrong in federal gun policy. And it cannot be stated strongly enough that no levelheaded Second Amendment supporter wants drugs and firearms to mix.
Bruen demands that modern gun control be aligned with the “nation’s historical tradition of firearm regulation.” In other words, actions during the Founding Era must mirror, at least to a significant extent, firearm restrictions in current times.
To be clear, reasonable lawmakers for centuries recognized that persons under the influence of any substance should not wield weapons. However, that same restriction does not apply to sober individuals.
That is the well-established standard that should be established for law-abiding citizens.
However, the Justice Department believes the current federal law is valid even in the aftermath of Bruen. While a deluge of challenges to government overreach soon followed the 2022 case, the DOJ still looks unfavorably on gun rights for sober marijuana users.
This only increased rumblings within the 2A community that the DOJ under Attorney General Pam Bondi (R) is not as strong a supporter of the Second Amendment as some have claimed.
Gun Owners of America (GOA) quickly called out not only the DOJ’s position against gun rights but the case it chose to draw a line in the sand with.
GOA posted on X: “The ‘most pro-2A Department of Justice’ hand-picked a literal terrorist to be the defendant in the next Second Amendment Supreme Court case. As @AGPamBondi well knows, bad facts make bad law—just like U.S. v. Rahimi.”
Supreme Court justices should hear arguments concerning marijuana users and gun rights in 2026. It will present a golden opportunity to update federal law and enhance the right to keep and bear arms.
There’s no better way to show your patriotism than with merch that speaks before you do.
Defend America is more than a name, it’s a stand for freedom, resilience, and the values this country was built on. Every tee, hat, and mug is a symbol of unapologetic pride. Wear it loud, wear it proud, and let the world know: freedom isn’t negotiable.
Click the link below to join the movement.