The US Supreme Court recently ruled that a ban on gun ownership for marijuana users is unconstitutional, affirming a Fifth Circuit decision that the government cannot restrict drug users from possessing firearms solely because of their drug use.
The Court’s unanimous 9-0 ruling dismissing the case against Ali Danial Hemani significantly reframes an issue that has drawn attention from marijuana consumer advocates, gun rights proponents, civil liberties activists, and libertarian organizations.
Ryan Magee, McCarter & English partner and co-leader of the firm’s cannabis team, told Law360 that the decision marked the clearest indication from the high court of how it would consider the contradictions between federal and state cannabis policy.
“Hemani exposes the growing disconnect between federal cannabis prohibition and the reality that most states now permit some form of lawful cannabis use,” he said. “The Supreme Court recognized that tension and questioned whether millions of Americans can plausibly be treated as inherently dangerous simply because they use cannabis.”
“One of the most remarkable aspects of the opinion is the Supreme Court’s reliance on the federal government’s own conduct,” he added. “The justices essentially asked: If federal regulators are moving toward medical acceptance of cannabis and federal prosecutors have largely deprioritized marijuana enforcement, how can the government simultaneously argue that all marijuana users are categorically dangerous?”