Can people who smoke marijuana regularly legally own guns? Supreme Court to decide
Can people who smoke marijuana regularly legally own guns? Supreme Court to decide
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Can people who smoke marijuana regularly legally own guns? Supreme Court to decide

🕒︎ 2025-10-20

Copyright WJLA

Can people who smoke marijuana regularly legally own guns? Supreme Court to decide

The latest case will cover a topic that was last brought to the court in 2022: firearms. The court shared Monday that it will consider whether people who smoke marijuana can legally own guns. The Trump administration has asked the justices to reconsider a case against a Texas man charged with a felony because he allegedly had a gun inside his home while acknowledging being a regular marijuana use. The Justice Department appealed after a lower court struck down a law that prevented people who used illegal drugs from having guns. The case centers around Ali Daniel Hemani, who's lawyers got the felony charge tossed out after the 5th U.S. Circuit Court of Appeals ruled the ban is "unconstitutional under the Supreme Court's expanded gun rights. However, appellate judges found it could still be used against people accused of being high and armed at the same time. Hemani's attorneys argue the "broadly written law" puts millions of Americans at risk of violations. They noted government health data stating at least 20% of American have tried marijuana. The DOJ argues the law is valid when used against regular drug users because they "pose a serious public safety risk." Government attorneys also argue the ban is a "justifiable restriction." The Justice Department reports that the FBI found Hemani's gun and cocaine in a search of his home when investigating travel and communications allegedly linked to Iran. The gun charge against Hemani was the only one filed and his lawyers have stated the other allegations against him were "irrelevant and were mentioned only to make him seem more dangerous." Around half of U.S. states have legalized recreational marijuana, while it still remains illegal under federal law. The last firearms related case to come before the court was its 2022 decision expanding gun rights. The court found then that the Second Amendment generally gives people the right to carry guns in public for self-defense. It also ruled that any firearms restrictions should have "strong grounding in the nation's history." The 2022 ruling led to a large number of challenges to gun laws across the country. Justicer have also upheld a different federal law aimed at protecting domestic violence victims by banning guns from people with restraining orders. The court also has another firearms-related case on the docket. One case out of Hawaii, Wolford v. Lopez, is drawing particular attention, especially after the Trump administration filed a “friend of the court” brief urging the justices to take up the case, something SCOTUSblog described as relatively rare. The case specifically whether the state’s law criminalizing the carrying of a concealed handgun on private property without the owner’s explicit permission violates the Second Amendment. _______________ The Associated Press contributed to this report.

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