In a Supreme Court case that sounds like a Red State Yelp review of modern contradictions, justices at the Supreme Court are wrestling with whether casually puffing on legal weed should automatically strip someone of their Second Amendment rights.
In the pending U.S. Supreme Court case (United States v. Hemani [1]) over the federal ban on gun ownership by “unlawful” drug users, Ali Danial Hemani argues that prohibiting firearm possession based solely on marijuana use violates the Second Amendment of the U.S. Constitution.
His attorney, Naz Ahmad, argues, “The Second Amendment doesn’t support disarming and prosecuting somebody for mere possession of a firearm if they happen to have used marijuana occasionally.”
Yes, the federal law that makes it a felony to own a firearm if you’re an “unlawful user” of controlled substances is being defended by…the Trump administration – even though plenty of folks now smoke cannabis legally in about 40 states.
Think about that for a second: under this logic, someone who enjoys a sleep gummy or a toke after work a few times a week could be lumped in with actual violent criminals and permanently disarmed by Uncle Sam (or Uncle Trump). That’s the pitch from the DOJ, which insists marijuana use = danger in this context.
Meanwhile, unlikely bedfellows like the NRA and the ACLU argue that banning pot users from gun ownership is a constitutional bridge too far. Aidan Johnston, director of federal affairs for Gun Owners of America, also reminds everyone that the founding-era militias would often imbibe in drugs like opium.
So here’s the bottom line: if you thought 2026 and a “conservative” Supreme Court meant a little more personal freedom and a little less federal meddling, buckle up. In a plot twist nobody had on their MAGA bingo card, Trump’s Justice Department is in court arguing for MORE federal control over who gets to exercise the Second Amendment – and the justices might go along for the ride.
A decision on the case is due this summer. For more information on the case, click here [2].