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Supreme Court Questions Federal Gun Ban for Routine Marijuana Users

A decision expected by early summer could redefine how courts assess categorical gun restrictions under the Bruen history-and-tradition test.

Overview

  • During two hours of argument, justices across the ideological spectrum cast doubt on the government's reliance on founding-era 'habitual drunkard' laws to justify disarming unlawful drug users today.
  • Several justices pressed concerns about breadth and fair notice, posing hypotheticals about casual or prescription-adjacent use of controlled substances such as Ambien or Adderall and noting marijuana’s legality in many states.
  • Principal Deputy Solicitor General Sarah Harris argued Congress may temporarily disarm habitual users as a danger-based measure, while Chief Justice John Roberts and Justice Samuel Alito probed deference to legislative judgments.
  • The case stems from a 2022 FBI search that found a handgun, roughly 60 grams of marijuana, and a small amount of cocaine in Ali Danial Hemani’s home; a district court dismissed the indictment and the Fifth Circuit affirmed under Bruen.
  • The outcome carries practical stakes for roughly 300 federal cases a year and has drawn unusual allies, with groups from the NRA to the ACLU backing Hemani as the Court considers a ruling due by June.