Supreme Court will consider case on Second Amendment rights of drug users

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The Supreme Court on Monday said it will consider a case that could allow people who regularly smoke marijuana to legally own guns.

The Trump administration has asked the high court to look at a case involving a Texas man who was charged with a felony because he allegedly had a gun in his home and acknowledged being a regular marijuana user.

The Justice Department appealed after a lower court struck down a law that bars people who use any illegal drugs from having guns.

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Arguments are likely to happen in 2026.

Lawyers for Ali Danial Hemani, the Texas man, got the felony charges tossed after a federal appeals court ruled that the ban is unconstitutional under the Supreme Court’s expanded view of gun rights.

The appeals court found that the law can still be used against people accused of being high and armed at the same time, though.

Hemani’s gun and cocaine were found by the FBI during a search of his home as they looked into his travel and communications, which were allegedly linked to Iran. Authorities also found 60 grams of marijuana, a Glock 9 mm pistol, in additions to the 4.7 grams of cocaine, which led prosecutors to charge him with violating the law now at the center of the case.

The gun charge was the only one filed.

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Hemani’s lawyers argued that the other allegations were irrelevant and were mentioned only to make him seem more dangerous.

The law could impact millions of people who are at risk of violations, Hemani’s lawyers said, citing that 20% of Americans have tried marijuana. Despite many states legalizing pot, the drug still remains illegal under federal law.

The Justice Department argued that the law is valid when used against regular drug users because they pose a serious public safety risk.

In 2022, the high court found that the Second Amendment generally gives people the right to carry guns in public for self-defense and that any firearm restrictions must have a strong grounding in the nation’s history.