FPC Applauds Supreme Court Decision on Federal Marijuana Gun Ban

The United States Supreme Court today issued a decision in United States v. Hemani, unanimously holding that the federal ban on gun possession by “unlawful” users of controlled substances (such as marijuana) violates the right to keep and bear arms protected by the Second Amendment as applied to Mr. Hemani.
The Court’s opinion for Hemani was written by Justice Gorsuch. Concurring opinions were written by Justices Thomas, Jackson (joined by Justice Sotomayor), and Alito (joined by Justice Kagan).
The decision was issued on June 18, 2026, by the United States Supreme Court in Washington, D.C.
Today’s ruling ends the government’s unconstitutional prosecution of Mr. Hemani for possessing firearms while being a marijuana user and significantly raises the burden for future prosecutions under the statute. The decision also clarifies the “how” and “why” analysis under Bruen, squarely rejecting the government’s attempt to analogize historical laws targeting habitual drunkards to a modern law that broadly disarms marijuana users. Read more










