ACLU Attorney ‘Confident’ Supreme Court Will Strike Down Gun Ban For Marijuana Users After Oral Arguments Next Week

OG article by Kyle Jaeger

February 25, 2026

The U.S. Supreme Court is scheduled to hear oral arguments next week in U.S. vs. Hemani, challenging the federal gun ban under Section 922(g)(3) that prohibits marijuana users from possessing firearms. The ACLU represents defendant Ali Danial Hemani, convicted for unlawful gun possession as a regular cannabis user. ACLU attorney Brandon Buskey argues the law is unconstitutionally vague, lacking clear definitions and enabling arbitrary enforcement with penalties up to 15 years in prison. Buskey states there is no valid historical or traditional basis under the Second Amendment to justify disarming responsible cannabis users, emphasizing the ban imposes a categorical presumption of dangerousness despite legalization in most states. The ACLU highlights that the law does not align with founding-era regulations and fails to justify broad disarmament for public safety. Buskey expressed strong confidence in a favorable ruling, noting the government's difficulty in analogizing to historical prohibitions like those on habitual drunkards. He points out the recent Trump executive order on marijuana rescheduling undermines the DOJ's position by recognizing medical benefits. The case could resolve circuit splits and allow cannabis users to possess firearms if the ban is struck down, supporting advocacy from groups like the NRA.