The Supreme Court announced Monday that it will hear a case testing whether people who regularly use marijuana can legally own firearms, the latest major gun rights issue to reach the high court since its 2022 decision expanding Second Amendment protections.
According to The Associated Press, the case stems from a request by President Donald Trump’s administration, which asked the justices to revive charges against a Texas man accused of illegally possessing a firearm while admitting to being a habitual marijuana user. Federal law prohibits anyone who uses illegal drugs from owning guns — a statute a lower court largely struck down last year.
The Justice Department appealed after the 5th U.S. Circuit Court of Appeals ruled the law unconstitutional under the Supreme Court’s expanded interpretation of gun rights, though the judges noted it could still apply to those who are actively high while armed.
The case involves Ali Danial Hemani, whose lawyers successfully argued that the federal ban unfairly criminalizes millions of Americans, since nearly 20% of adults have used marijuana, according to federal health data. Recreational marijuana is now legal in about half of U.S. states, but remains illegal under federal law.
Arguments are expected to begin in early 2026, with a ruling likely by the summer.
While the Trump administration has generally favored expanded Second Amendment rights, government attorneys argued this particular ban is a reasonable restriction meant to protect public safety.
The Justice Department contends that regular drug users pose a serious risk, noting the FBI found Hemani’s gun and cocaine during a search of his home amid a separate investigation into alleged ties to Iran. However, no charges were filed related to that probe, and his lawyers said prosecutors were using those details to make him appear dangerous.
The case comes as the Supreme Court continues to navigate the fallout from its landmark 2022 ruling, which found that Americans have a constitutional right to carry firearms in public for self-defense and that gun restrictions must have a historical basis.
That decision opened the door to a wave of legal challenges across the country. However, the justices have also since upheld certain limits, including a federal law that bars individuals under domestic violence restraining orders from owning firearms.
The upcoming case could now determine how far the court is willing to extend its gun rights doctrine — and whether marijuana users can be stripped of their Second Amendment rights for a habit that is legal in much of the nation but still criminal under federal law.
