The Supreme Court found the Justice Department’s prosecution of a marijuana user under a federal law barring unlawful drug users from owning firearms was unconstitutional, handing down another key Second Amendment ruling on Thursday that will have implications for marijuana users across the country.
Justice Neil Gorsuch penned the majority opinion, finding that the federal government’s bid to prosecute Ali Hemani for possessing a firearm because he uses marijuana a couple of times a week violated his Second Amendment rights. The high court ruled 9-0 in siding with Hemani, but only six of the other justices joined Gorsuch’s opinion.
The high court said it ruled narrowly in United States v. Hemani, finding the prosecution of a regular marijuana user was unconstitutional under the Second Amendment but declining to decide on whether laws barring addicts or intoxicated drug users from possessing firearms are legal.
Hemani had challenged the constitutionality of a federal gun charge against him by alleging the law violated his constitutional right to bear arms. The charge was filed based on his admission to consuming marijuana “about every other day.” The Hemani case created unusual coalitions on both sides of the argument, with gun-rights groups siding with the drug user who brought the challenge, while the typically pro-gun Trump Justice Department defended the gun law and received support from various anti-gun groups.
During oral arguments in March, Gorsuch sharply questioned the DOJ, asking how much regular unlawful drug use would be needed to take away someone’s ability to possess a firearm. He, along with multiple other justices, appeared deeply skeptical of the legality of the sweeping federal law. Gorsuch at one point asked if “one [marijuana] gummy bear every other night” would disqualify someone from being able to own a firearm.
SUPREME COURT TO WEIGH SCOPE OF GUN RIGHTS FOR DRUG USERS
The Hemani case was one of two gun cases the Supreme Court heard this term. The other case, Wolford v. Lopez, examined the constitutionality of a sweeping Hawaii gun law that bars concealed firearms on private property unless the gun owner obtains permission from the property owner.
This is a breaking story and will be updated.