U.S. Supreme Court Schedules Hearing In Case On Marijuana Consumers’ Gun Rights

OG article by Kyle Jaeger

January 2, 2026

The U.S. Supreme Court has set oral arguments for March 2, 2026, in the case U.S. v. Hemani, challenging the federal law that prohibits marijuana users from possessing or purchasing firearms under 18 U.S.C. § 922(g)(3). This statute bars individuals who unlawfully use controlled substances, including cannabis, from gun ownership. The case stems from a lower court ruling that deemed the ban unconstitutional under the Second Amendment. The Justice Department is defending the prohibition, arguing that marijuana users present heightened risks compared to alcohol consumers and are less likely to handle firearms responsibly.

Numerous amicus briefs have been filed, with gun control advocates like Everytown for Gun Safety and Giffords Law Center supporting the government, while prohibitionist organizations cite links between cannabis and violence or psychosis. Attorneys General from 19 states and D.C. also back upholding the law. Federal courts have split on the issue: some circuits have ruled the ban unconstitutional as applied, others require proof of danger or individualized assessments. The Biden administration previously expressed caution in prosecuting such cases due to litigation risks. A potential Trump administration rescheduling of marijuana to Schedule III is unlikely to directly affect this gun rights question. States like Kentucky continue warning medical cannabis patients of federal gun ineligibility, fueling calls for reform. The upcoming decision could significantly impact millions of state-legal marijuana consumers nationwide amid ongoing federal prohibition.