Supreme Court Rejects Prosecution of Gun Owner Who Uses Marijuana

June 18, 2026 10:00 am

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WASHINGTON – The U.S. Supreme Court unanimously held today in US v. Hemani that the government cannot prosecute someone as a felon simply for using marijuana and owning a gun that is securely stored.

In 2023, the federal government charged Ali Hemani under 18 U.S.C. § 922(g)(3), which makes it a felony for someone who is an “unlawful user of” or “addicted to” a controlled substance to possess a firearm. Hemani was charged under this statute as an “unlawful user” based on his use of marijuana and the fact that he owned a firearm that was safely secured in his home. The court held that the government’s prosecution of Mr. Hemani under 18 U.S.C. § 922(g)(3) based on his marijuana use violates the Second Amendment.

“Today’s unanimous 9-0 decision makes it clear that the government cannot make it crime for people to own a gun, which the Supreme Court has held is a fundamental constitutional right, simply because they use marijuana,” said Cecillia Wang, legal director at the American Civil Liberties Union. “With nearly half of Americans reporting marijuana use at some point in their lives, this ruling protects the rights of millions and curbs the government’s ability to impose arbitrary and discriminatory penalties. The court has sent a strong message that the government cannot criminalize the conduct of large numbers of people by making categorical and unfounded assumptions about whether they are dangerous.”

At the Supreme Court, Mr. Hemani’s defense team raised two constitutional arguments. First, that the statute is unconstitutionally vague because its plain text does not provide the degree of clarity required of criminal statutes and, therefore, invites overbroad and discriminatory enforcement. Second, that the law violates the Second Amendment when applied to individuals like Mr. Hemani because, applying the Supreme Court’s test, there is no historical tradition of imposing substantial criminal penalties on users of intoxicants like alcohol or marijuana.

Ali Hemani is represented by the ACLU, the CLEAR clinic at the CUNY School of Law, Clement & Murphy, and Newland Legal. Organizations and individuals across the ideological spectrum joined as amici, including the Drug Policy Alliance (DPA), National Organization for the Reform of Marijuana Laws (NORML), the Cato Institute, the National Rifle Association (NRA), criminal defense lawyers, and constitutional law scholars.


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