Supreme Court limits federal gun ban for marijuana users
The unanimous ruling says marijuana use alone was not enough, in this case, to justify a federal firearm prosecution.
WASHINGTON — The Supreme Court unanimously ruled Thursday that the federal government cannot automatically prosecute someone for possessing a firearm based only on regular marijuana use.
The decision in United States v. Hemani upheld a lower-court ruling that dismissed a federal gun charge against Ali Danial Hemani, a Texas man who told authorities he used marijuana about every other day.
Justice Neil Gorsuch wrote the opinion for the court.
The case centered on 18 U.S.C. § 922(g)(3), a federal law that makes it unlawful for a person who is an “unlawful user of” or “addicted to” a controlled substance to possess a firearm.
Marijuana remains a controlled substance under federal law, even though many states allow it for medical or recreational use.
The court did not strike down the entire federal statute.
It limited how broadly the government may apply it.




