The U.S. Supreme Court has agreed to hear a significant case about gun rights for millions of people who use cannabis. Federal rules state that anyone who uses cannabis cannot legally possess a firearm. Responsible cannabis users, including those in legal cannabis states, are put in a difficult situation because of this law.
The case at issue is United States v. Hemani, which originated out of Texas. The charges stemmed from a Texas man being found with a weapon in the home, admitting he regularly used cannabis. The district court did not allow the charges to stand under their jurisdiction when they ruled the ban was unconstitutional, as the law impacted lifestyle choices even where cannabis was legal. However, the Trump administration wants the Supreme Court to move forward with the charges.
Here’s Why This Case Matters to the Cannabis Community
Cannabis is legal, in some form, in 38 states. It is used for conditions such as pain, PTSD, insomnia, and other unfavorable medical conditions. However, cannabis is still classified as a Schedule I drug under federal law, the exact same class as heroin. This distinction creates a major problem for gun rights.
What is at stake is as follows:
- Federal law 18 U.S.C. § 922(g)(3) prohibits anyone who uses controlled substances from gun ownership.
- The ATF questionnaire for gun buyers require declaring that they do not use cannabis on Form 4473.
- If cannabis users lie on this form, they can be charged with a felony.
- If cannabis users state the truth, they cannot purchase a gun.
This means that legal medical patients and recreational cannabis users are put in an impossible choice, their medicine or their rights under the constitution.
What occurred in the Hemani case?
The situation that Ali Danial Hemani found himself in presents an actual-world application of this legal principle. In August 2022, Texas was raided by FBI agents and discovered a Glock pistol, 60 grams of marijuana, and some cocaine. Hemani was arrested for violating federal firearm laws because he was a marijuana consumer.
Hemani’s attorneys explained that the federal statute charged them with a Second Amendment violation. The District Court agreed and dismissed the suit. The 5th Circuit Court of Appeals affirmed the District Court’s decision, noting the government failed to establish Hemani was incapacitated when he possessed the firearm.
The Trump Administration is against it. The Justice Department argues that habitual drug abusers “pose an obvious threat,” and is petitioning the Supreme Court to reverse the ruling.
Medical patients find themselves in a challenging position
Medical cannabis patients often experience the brunt of this issue. Veterans use cannabis to cope with PTSD and chronic pain sustained in the service. Cancer patients use it to cope with symptoms. And those with disabilities use it to cope with symptoms.
Here are actual cases from Florida courts:
Vera Cooper is a business owner in Florida who uses cannabis to treat knee pain and insomnia but is unable to buy a gun for protection due to her medical cannabis status. Nicole Hansell is a veteran of the Afghanistan war and uses cannabis to cope with PTSD but has essentially lost her Second Amendment rights.
Neill Franklin is a retired police officer who will not enter Florida’s medical programme because he would have to give up his gun. As former Florida Agriculture Commissioner Nikki Fried said best, “No medical cannabis patient should have to choose between their health and their Constitutional rights.”
The GRAM Act: Congressional Response
Some legislators want to change the outcome through legislation while the Supreme Court is weighing the issue. Representative Brian Mast (R-FL) sponsored the Gun Rights and Marijuana (GRAM) Act of 2023, which would provide protections for Second Amendment rights for cannabis users.
Among other things, the GRAM Act would:
- Allow purchases and ownership of firearms for individuals in states where cannabis is legal.
- Provide protections for veterans who use cannabis to treat medical conditions.
- Put an end to federal prosecutions for cannabis users who are otherwise acting in accordance with state law while possessing a firearm.
- The bill has bipartisan sponsorship, but has yet to pass.
The Stance of the Trump Administration
The Trump administration’s position appears to be incongruous. President Trump did support cannabis rescheduling (as mentioned above in reference to his campaigning) and proclaimed he would decide the issue within “weeks” in early August 2025, yet months later there is nothing requiring a decision.
Senator Ron Wyden stated regarding the issue that it was “extremely concerning that the Trump administration continues to drag its feet” regarding cannabis reform. The Justice Department states that habitual drug users are a safety risk (to themselves and others) and should not be permitted to own a firearm.
What could happen next?
There will likely be oral arguments before the Supreme Court in early 2026 with a decision expected by June. Here are three possibilities:
Option 1: Keep the ban
- Cannabis users will be prohibited from owning a firearm.
- Federal law will stay the same.
Option 2: Strike down the ban
- Cannabis users in legal states will have the right to own firearms.
- Millions can own a firearm legally again.
Option 3: Middle ground
- Allow gun ownership but prohibited the use of a firearm if you were to use marijuana.
- Need to assess each case rather than a blanket prohibition.
- Make medical patients carve outs.
What You Need to Know to Protect Your Rights
If you’re a cannabis user, who has guns or is thinking of buying one, here is some information you should consider:
Stay Updated:
- Pay attention to the Supreme Court updates on the Hemani case.
- Familiarize yourself with both your state’s cannabis laws and gun laws.
- Understand the requirements of the ATF Form 4473.
Be Aware of the Risk:
- Lying on Form 4473 is a serious federal felony.
- If you acknowledge you use cannabis, you cannot buy a gun.
- State laws will not protect you from your arrest at the federal level.
Seek Attorney’s Advice:
- Hire lawyers that understand both cannabis and gun law.
- Before making decisions, if possible, consult a lawyer regarding your personal situation.
We’d love to connect with you at Passion Farms
Passion Farms is dedicated to educating you on evolving legal changes that impact your access to rights, such as access to quality cannabis products. This case matters to our community, and we are continuing to monitor it.
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