PULSE POINTS
WHAT HAPPENED: The Trump administration urged the Supreme Court to uphold a law denying gun rights to habitual drug users, including marijuana users, but faced skepticism from justices.
WHO WAS INVOLVED: The Trump administration, the Supreme Court, the American Civil Liberties Union (ACLU), and others.
WHEN & WHERE: The case was argued before the Supreme Court on Monday in Washington, D.C.
KEY QUOTE: The prosecution “falls well within Congress’ authority to temporarily disarm categories of dangerous persons—here, habitual drug users,” argued Solicitor General D. John Sauer
IMPACT: The case could affect millions of Americans who own firearms and use marijuana or other controlled substances, potentially expanding or restricting the reach of criminal law.
IN FULL
On Monday, the Trump administration asked the Supreme Court to uphold a provision of the Gun Control Act of 1968 that bars firearm possession by “habitual users” of controlled substances, including marijuana. The case highlights tension between federal drug laws and the Second Amendment, and several justices appeared doubtful during oral arguments.
Deputy Solicitor General Sarah Harris argued that Congress determined it is dangerous to combine firearms and controlled substances and urged the Court to sustain the statute. Attorney Erin Murphy countered that gun owners were not clearly warned that occasional marijuana use could make them criminals under federal law.
The case involves Ali Hemani, who admitted to using marijuana regularly. Federal Bureau of Investigation (FBI) agents found a Glock pistol and marijuana during a search of his home. A federal district court and the United States Court of Appeals for the Fifth Circuit dismissed the gun charge, citing his Second Amendment rights and noting he was not under the influence at the time.
Notably, Hemani was also suspected of having family ties to the Islamic Revolutionary Guard Corps (IRGC), an Iranian terrorist organization.
The Justice Department says roughly 300 people annually face charges under the provision, including Hunter Biden, who was convicted of lying about his drug abuse on a firearm purchase form. Solicitor General D. John Sauer argued the restriction aligns with historical precedents, such as laws disarming “habitual drunkards,” and should similarly apply to habitual drug users.
The prosecution “falls well within Congress’s authority to temporarily disarm categories of dangerous persons—here, habitual drug users,” Sauer said.
The American Civil Liberties Union (ACLU), representing Hemani, warned the government’s reading could criminalize millions. “Like tens of millions of Americans, Ali Hemani owned a handgun for self-defense, keeping it safely secured at home. Like many of those same Americans, he also consumed marijuana a few days a week,” the group wrote, arguing those facts alone should not trigger federal penalties.
The dispute comes as federal marijuana policy shifts. In 2024, the Justice Department moved to reclassify marijuana from Schedule I to Schedule III under the Controlled Substances Act, recognizing accepted medical uses and lower abuse potential. Then, in 2025, President Trump directed the DOJ to expedite that process and expand medical marijuana and CBD research.
Image by Billy Wilson.
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