Mar 20, 2026
Will Marijuana Users Be Able To Own Guns Starting Summer 2026?
Recently there was a hearing in the Supreme Court of the United States, specifically United States v. Hemani. They heard oral arguments from both sides about the blanket ban on marijuana users from owning firearms.
The federal position is currently if you ever user cannabis you cannot own a gun. The laws are vague to a point. They cite habitual users, users of illegal drugs etc. They do not define them in detail what that entails, which I think we will definitely find more about that with the final ruling of this Supreme Court decision. When I say that, I mean they will likely come up with opinions on what constitutes habitual, what constitutes illegal (since some states have legalized, even though the federal government sees it as illegal), among other things.
There is a lot of speculation out there where the judges may sit. My personal speculation is that the Supreme Court will side with gun owners in finding this blanket ban to be unconstitutional as written. I believe there will be a precedent set for marijuana owners to be able to legally own firearms. At least temporarily.
Let me get into the temporarily portion of this. If the Supreme Court were to deem the blanket ban unconstitutional based upon some of the oral arguments or their personal beliefs on the matter, this can still open up Congress to pass other legislation aiming at this. I doubt this will be the case, as according to the federal prosecutor who was present quoted less than 1000 are charged with this crime of possessing both. Perhaps my memory is wrong in which I will update this in the future with the exact number (I believe it's less than 500). This being the case, I do believe with a number so low, it wouldn't be worth the time for Congress to pass such legislation.
According to numerous outlets, a final decision is expected by summer this year.