SCOTUS to Decide: Can Marijuana Users Own Guns?

The United States Supreme Court is set to hear oral arguments in a case that could shake up federal gun laws, specifically, whether Americans who use illegal drugs (like marijuana under federal law) can still exercise their Second Amendment rights.

Across the country, states have legalized marijuana for medical and recreational use. But under federal law, it’s still a Schedule I controlled substance. That means if you admit to using it on ATF Form 4473, you’re automatically disqualified from purchasing a firearm. Mark “yes,” and you’re denied. Mark “no” while using, and you’ve committed a felony.

The case, United States v. Hemani, involves a Pakistani-born U.S. citizen who was a habitual marijuana user. When federal agents searched his home, they found a Glock 9mm, 60 grams of marijuana, and a small amount of cocaine. He was charged under 18 U.S.C. § 922(g)(3), which bans gun ownership for “unlawful users” of controlled substances.

Now, the Supreme Court will decide whether that law violates the Second Amendment.

While many gun owners are hoping the Court strikes it down, the Trump Administration is urging the justices to uphold the ban. Their argument? Habitual marijuana users pose a danger to society and shouldn’t be trusted with firearms.

Second Amendment attorney and commentator Mark Smith of Four Boxes Diner isn’t optimistic. He told his audience he doubts the Court will overturn the prohibition, noting that the justices, even the conservative ones, tend to lean anti-drug. Smith, who serves on the U.S. Supreme Court bar, said gun owners might’ve had better odds with a different case.

This case could have massive implications for millions of Americans who use marijuana legally under state law but are still considered criminals under federal law, and therefore, prohibited from owning guns.

Gun News Now will be watching this one closely.