Gun Ban for Pot Users Unconstitutional

By Stephen P. Halbrook
The Volokh Conspiracy
June 18, 2026

On June 18, in United States v. Hemani, the Supreme Court unanimously held that the prohibition under 18 U.S.C. § 922(g)(3) of firearm possession by a person who is “an unlawful user of” a controlled substance violates the Second Amendment as applied to one who used marijuana “about every other day.” Justice Gorsuch delivered the opinion, joined by Chief Justice Roberts and Justices Thomas, Sotomayor, Kavanaugh, Barrett, and Jackson. Justice Alito concurred in the judgment, joined by Justice Kagan.

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“Gun Ban for Pot Users Unconstitutional,” The Volokh Conspiracy, June 18, 2026.