Can you really claim your Second Amendment rights if you roll up? That’s the question heading to the U.S. Supreme Court, as the justices gear up to decide whether people who regularly smoke weed can legally own a gun.
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Now, this case could be major not just for gun owners, but for the millions of Americans who light up while living in states where weed is legal.
But because cannabis is still banned at the federal level, the government says having both a blunt and a burner puts you in felony territory.
It all started with a Texas man, Ali Danial Hemani, who caught a gun charge after the FBI searched his home and found a firearm and some cocaine. Hemani admitted he was a regular marijuana user and under current federal law, that alone was enough for prosecutors to file a felony. His legal team fought back and got the charge tossed.
Now the Supreme Court will step in, with arguments likely to begin in early 2026 and a ruling expected by summer.
The Legal Smoke
This all traces back to a federal law that says if you use any illegal drug, you can’t own a gun. Doesn’t matter if you’ve never committed a violent crime. Doesn’t matter if weed is legal in your state. If you spark up, you give up your right to bear arms… at least according to the feds.
Hemani’s team says that law is way too broad.
They’re pointing to data that shows about 20% of Americans have used marijuana, and half the country now lives in states where it’s legal recreationally. But the federal government still sees weed in the same category as crack or meth and that’s where things get a lil murky.
The Justice Department, which first filed this case under the Trump administration, says the ban is about public safety. They argue that people who regularly use drugs including weed are more likely to make reckless decisions, especially with a weapon nearby.
They also noted that the FBI found both a gun and cocaine at Hemani’s home during a broader investigation tied to “communications linked to Iran.” But his legal team says that’s smoke and mirrors; none of those allegations ever turned into charges, and only the gun case stuck. They claim the government is using those details just to paint Hemani as dangerous.
Weed, Guns & the High Court
This case is riding the wave of the Supreme Court’s 2022 decision that dramatically expanded gun rights. That ruling said gun restrictions must be rooted in America’s historical tradition not just modern fears or assumptions.
Since then, federal and state gun laws have been under the microscope. The Court already upheld one law barring gun ownership for people under domestic violence restraining orders. So they’re not totally hands-off when it comes to limits but this case is different.
The big question now is: Is being a pothead enough to strip someone of their constitutional rights?
If the Court sides with Hemani, it could upend how federal gun laws treat drug use, especially in a post-legalization America. If they side with the government, it could mean even casual smokers — even those in fully legal states — have to choose between weed and their weapon.
High Stakes
For now, cannabis users who legally own guns in states like California, New York, or Illinois are technically breaking federal law. But enforcement is rare unless you end up on the government’s radar for something else.
On the flip side, a win could finally force the federal government to reckon with the changing reality: America’s relationship with weed is evolving, and the law might need to catch up.
One thing’s clear this isn’t just about one man in Texas. It’s about how the country defines safety, freedom, and who really gets to exercise their rights in 2025 and beyond.