U.S. Supreme Court Sets March Argument in Case Challenging Federal Gun Ban for Marijuana Users

OG article by Anthony Martinelli

January 2, 2026

The U.S. Supreme Court has scheduled oral arguments for March 2, 2026, in U.S. v. Hemani, a case contesting the federal prohibition on firearm possession by marijuana users under 18 U.S.C. § 922(g)(3). This law prevents individuals who use federally illegal drugs, including cannabis, from owning or buying guns. The defendant, Ali Danial Hemani, successfully argued in a lower court that the ban infringes on Second Amendment rights, prompting the Justice Department to appeal.

The Supreme Court granted certiorari in October 2025, setting the stage for a ruling that could reshape gun rights for marijuana consumers in states where cannabis is legal. Despite increasing state-level legalization, federal law still classifies marijuana as prohibited, creating conflicts for users who wish to exercise constitutional firearm protections. The case highlights tensions between evolving public policy on cannabis and longstanding federal restrictions on controlled substances.

A decision in favor of Hemani could invalidate or limit enforcement of the gun ban for non-violent, state-compliant marijuana users, potentially affecting millions. Conversely, upholding the statute would maintain the status quo amid circuit splits on similar challenges nationwide. This marks a pivotal moment as the Court addresses post-Bruen Second Amendment implications in the context of drug policy.