Supreme Court Unanimously Rules Marijuana Users Can Own Guns

The Supreme Court ruled 9-0 that marijuana users cannot be barred from gun ownership.

On June 18, 2026, the U.S. Supreme Court unanimously decided that the federal government cannot prohibit marijuana users from owning guns. The case centered on Ali Danial Hemani, a Texas resident who challenged the 1968 federal law barring gun ownership for drug users, arguing it violated his Second Amendment rights. Justice Neil Gorsuch, writing for the Court, emphasized that the law's broad restrictions on marijuana users fail constitutional muster because they lump together non-dangerous users.

Gorsuch noted, "All of which leaves it awkwardly positioned to suggest that the millions of Americans who now regularly use marijuana are categorically and unusually dangerous." As of 2026, 40 states have legalized marijuana for medical or recreational use, reflecting changing societal norms that the Court acknowledged in its ruling.

The decision drew support from diverse groups such as the ACLU, NRA, and cannabis reform advocates. Cecillia Wang, ACLU Legal Director, said the Court sent "a strong message that the government cannot criminalize the conduct of large numbers of people." However, some public health and gun safety advocates, like Kevin Sabet, CEO of Smart Approaches to Marijuana, expressed criticism.

The Court clarified that this ruling does not protect addicts or individuals intoxicated while possessing firearms, who remain subject to prosecution. The ruling thus balances constitutional Second Amendment protections with public safety concerns.

This precedent signals a significant shift in how drug policy and gun ownership laws are interpreted, impacting ongoing litigation and policy considerations in multiple states.

Yes, but: The ruling applies narrowly to non-dangerous marijuana users; addicts or those intoxicated while possessing firearms can still face legal consequences.