United States v. Hemani
Decided · Affirmed 9–0No. 24-1234
Can the federal government make it a felony to own a gun simply because a person uses marijuana?
What the Court ruled
By a 9–0 vote, the Court ruled that prosecuting Ali Hemani under the federal "unlawful user" gun ban — 18 U.S.C. § 922(g)(3) — violated the Second Amendment as applied to him. Justice Gorsuch wrote the opinion. The government never tried to show Hemani was actually dangerous; it argued that anyone who regularly uses marijuana can be disarmed automatically, and the Court rejected that as too broad.
What it means
This is a narrow ruling, not a blanket legalization. The Court did not strike down the law entirely, and it expressly left open whether the government can still disarm a drug user it proves is genuinely dangerous. In practice: automatic, status-based prosecution of marijuana users for gun possession is off the table, but case-by-case prosecutions backed by real evidence of danger may still be possible.
Timeline (from official SCOTUS docket)
- Jun 18, 2026 Decided — affirmed 9–0. Opinion by Gorsuch; Thomas, Jackson, and Alito wrote separately.
- Mar 2, 2026 Oral argument held
- Oct 20, 2025 Supreme Court agreed to hear the case
- Jun 2025 Federal government petitioned the Court
- Jan 31, 2025 Fifth Circuit ruled for Hemani