The US Supreme Court is set to deliberate on whether a federal law prohibiting habitual illegal drug users from possessing firearms violates the Constitution. This case, prompted by the Trump administration, follows a lower federal court in Texas ruling in favor of Ali Hemani, an alleged regular marijuana user charged under the statute. Hemani’s attorneys successfully argued that the law infringed on his Second Amendment rights, leading to the charge being dismissed. The government, however, contends that the law is essential to prevent individuals who pose ‘unique dangers to society’ from owning guns. Solicitor General John Sauer emphasized the heightened risk of armed, impaired encounters with law enforcement. The government asserts that the restriction is narrowly tailored and does not unjustly infringe on Second Amendment rights, as individuals can regain gun access if they cease illegal drug use. Hemani, however, argues that the law is overly broad and could unfairly affect marijuana users, especially in states where cannabis is legal or decriminalized. This case follows the high-profile prosecution of Hunter Biden, son of former President Joe Biden, who was convicted under the same law in 2024 but later pardoned. The Supreme Court’s conservative majority has historically supported gun rights, though exceptions exist, such as its 2024 decision upholding a ban on firearms for individuals with domestic violence restraining orders. The outcome of this case could significantly impact the intersection of gun rights and drug policy in the United States.
Supreme Court to consider law barring illegal drug users from owning guns
