The Supreme Court ruled unanimously Thursday that federal prosecutors cannot charge a Texas man with a felony for possessing a handgun in his home while he occasionally used marijuana. Read the full opinion here.
The case involved Ali Danial Hemani, a dual U.S.-Pakistan citizen born and raised in Texas. In 2022, FBI agents raided his family’s home in Lewisville as part of a national security investigation into suspected ties to Iran’s Islamic Revolutionary Guard Corps. During the search, agents discovered a handgun, roughly 60 grams of marijuana, and a small amount of cocaine. Hemani told agents he smoked marijuana about every other day
Prosecutors charged him solely under 18 U.S.C. § 922(g)(3), the federal statute that prohibits “unlawful users” of controlled substances from possessing firearms. They did not pursue charges related to the cocaine or allege that he was armed while impaired.
Justice Neil Gorsuch authored the Court’s opinion. Lower courts dismissed the indictment. The Fifth Circuit held that the charge violated the Second Amendment under the framework established in New York State Rifle & Pistol Association v. Bruen (2022). The Supreme Court agreed. Justice Neil Gorsuch wrote the opinion for the Court.
The government defended the statute by citing historical laws disarming “habitual drunkards.” The Court found these analogies to be unpersuasive. Nineteenth-century statutes generally required a specific judicial determination that the individual was dangerous or otherwise incapacitated.
In contrast, Section 922(g)(3), as applied here, imposed a blanket ban based solely on regular marijuana use, even when that use was not shown to be impairing, and without any evidence of a present risk to others.
Gorsuch emphasized the distinction.
While historical tradition has long permitted the disarmament of individuals whose extreme alcohol use rendered them genuinely incapacitated, the federal statute sweeps more broadly by reaching someone who uses marijuana regularly but shows no signs of impairment or danger.
The Supreme Court emphasized that its decision is narrow.
It does not resolve whether addicts or individuals who are actively intoxicated may be barred from possessing firearms, nor does it foreclose other prophylactic measures Congress could adopt.
The ruling also leaves unresolved whether the government could prosecute under §922(g)(3) when it provides individualized evidence that a defendant’s drug use creates a genuine danger.
This ruling is the latest in a series of Second Amendment cases following Bruen. With more states legalizing marijuana, the longstanding federal prohibition has come under increasing pressure.
This ruling changes how millions of adults in states where marijuana is legal could face fewer barriers to exercising their gun rights, even as the substance remains a Schedule I drug under federal law.
In April 2026, the Trump administration via DOJ/DEA order moved FDA-approved marijuana products and state-licensed medical marijuana from Schedule I to Schedule III. A broader rescheduling hearing for all marijuana began in late June 2026, but as of the ruling date June 18, recreational/illicit marijuana remained Schedule I federally.
Gun-rights groups, civil-liberties organizations, and marijuana-reform advocates have found common ground in these challenges.
The decision contrasts with the Court’s 2024 ruling in United States v. Rahimi, which upheld restrictions on firearm possession for individuals subject to domestic-violence restraining orders. Broad, categorical disarmament lacking strong historical analogues or individualized findings of dangerousness now faces stricter scrutiny.
Hunter Biden was convicted under the same statute in 2024 before receiving a pardon from his father.
The Court rejected the federal government’s argument that any marijuana use inherently makes someone dangerous. “We appreciate that drugs and guns can sometimes make for a dangerous mix, of course,” Gorsuch wrote, “but the government’s reliance on historical laws disarming habitual drunkards misses the mark.”
The ruling significantly limits how broadly the federal prohibition can be enforced. It protects the right of “regular” or occasional marijuana users to possess firearms when they are not shown to be intoxicated or addicted in a manner that creates a clear, present danger at the time of possession.
At the same time, the decision stops short of invalidating 18 U.S.C. § 922(g)(3) entirely. This leaves room for additional challenges that will test the outer boundaries of the statute in future cases.
Lower courts nationwide will now start applying this precedent to the dozens of similar challenges already moving through the federal system.
The Supreme Court has once again upheld the Second Amendment right of law-abiding citizens to keep and bear arms for self-defense, while stopping short of lifting every federal restriction on marijuana users who possess guns. This ruling marks another incremental step in the Bruen framework.











