The Supreme Court will consider whether people who smoke cannabis regularly can legally own guns

WASHINGTON (AP) — The Supreme Court said Monday it will consider whether people who regularly smoke marijuana can legally own guns, the latest firearms case to come before the court since its 2022 decision expanding gun rights.

President Donald Trump’s administration has asked judges to revive a case against a Texas man charged with a felony because he had a gun in his home and admitted to being a regular marijuana user. The Justice Department appealed the ruling after a lower court largely struck down a law prohibiting people who use any illegal drugs from possessing weapons.

Last year, a jury convicted Hunter Biden of violating the law, among other charges. His father, then-President Joe Biden, later pardoned him.

Arguments will likely take place as early as 2026, and a decision will likely be made by early summer.

The Republican administration favors Second Amendment rights, but government lawyers have argued that this ban is a justified restriction.

They asked the court to reinstate the case against Ali Danial Himani. His attorneys had the criminal charge dismissed after the 5th U.S. Circuit Court of Appeals found the blanket ban unconstitutional under the Supreme Court’s expansive gun rights view. Appeal judges found it could still be used against people accused of being high and armed at the same time.

Himani’s lawyers say the broadly written law puts millions of people at risk for technical violations because at least 20% of Americans have tried marijuana, according to government health data. About half of the states have legalized recreational marijuana, but it remains illegal under federal law.

The Justice Department says the law is valid when used against regular drug users because they pose a significant risk to public safety. The government said the FBI found Hemani’s gun and cocaine during a search of his home while investigating travel and communications allegedly linked to Iran. However, the gun charge was the only charge brought, and his lawyers said the other charges were unrelated and were only mentioned to make him appear more serious.

Read more: The Supreme Court will consider Hawaii’s strict ban on guns on private property

This case represents another flashpoint in the application of the Supreme Court’s new test for firearms restrictions. A conservative majority found in 2022 that the Second Amendment generally gives people the right to bear arms in public for self-defense and any restrictions on firearms must have a solid basis in the nation’s history.

The landmark 2022 ruling led to a series of challenges to firearms laws across the country, though justices have since upheld a different federal law intended to protect victims of domestic violence by prohibiting people under restraining orders from carrying guns.