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US Supreme Court Agrees To Settle The Marijuana Gun Question

By Jacob Paulsen | October 21, 2025 | 

By the end of this Supreme Court term, we may finally have an answer to a long-disputed question: Can Americans who use marijuana legally possess firearms under the Second Amendment?

On October 21, 2025, the United States Supreme Court announced it would hear United States v. Hamani, a case that challenges the constitutionality of 18 U.S.C. § 922(g)(3). This federal statute makes it a crime for anyone who is an “unlawful user of or addicted to any controlled substance” to possess a firearm.

This case has enormous implications—not just for recreational or medical marijuana users—but for how far the federal government can go when restricting gun rights based on behavior it deems dangerous.

What’s This Case Really About?

The defendant, Ali Daniel Hamani, is a dual citizen of the U.S. and Pakistan with a complicated background. According to court documents, Hamani was under investigation for alleged ties to foreign terror groups and admitted to using marijuana and cocaine. Federal prosecutors charged him with violating 922(g)(3) after he was found in possession of a firearm.

In short: a less-than-ideal poster child for a Second Amendment case.

But the legal question the Court must answer isn’t whether Hamani is a good person. The question is whether being a drug user—especially marijuana, which is legal in many states—automatically disqualifies someone from exercising their constitutional right to keep and bear arms.

Why This Matters

The current law (922(g)(3)) effectively prohibits gun ownership by anyone who uses drugs deemed illegal by federal law. That includes marijuana—even in states where it’s legal for medicinal or recreational use.

That means a law-abiding citizen in Colorado who uses cannabis on the weekend, but has no violent history, could face federal charges simply for owning a firearm.

This isn’t theoretical. Courts across the country have issued conflicting rulings on this very issue, creating a “circuit split” that practically forced the Supreme Court to intervene.

What Could Happen?

According to Second Amendment attorney and commentator Mark Smith of the Four Boxes Diner, gun owners should brace for a likely loss. Smith predicts the Court will uphold the constitutionality of 922(g)(3), especially given the facts surrounding Hamani’s case.

But Smith warns that the real danger lies in how the Court rules, not just the outcome. If the majority opinion weakens the standard set in New York State Rifle & Pistol Association v. Bruen—which requires modern gun control laws to be consistent with historical tradition—it could set a harmful precedent for future 2A challenges.

What Gun Owners Should Know

If the Court rules narrowly and treats the law as a temporary disarmament—only applying when someone is actively using or addicted to controlled substances—the impact might be limited. But a broader ruling could entrench the federal government’s authority to restrict gun rights based on vague or sweeping behavioral categories.

That includes tens of millions of Americans who use marijuana in full compliance with their state laws.

For background on how this conflict between federal and state law has unfolded over the years, revisit our foundational piece: Marijuana, Concealed Carry, and Firearm Ownership.

The Bigger Picture

Hamani isn’t the only 2A case on the docket this term. The Court is also hearing a case out of Hawaii that challenges so-called “vampire rules”—default no-carry laws on private property. You can read about that case here: Supreme Court Accepts Case Challenging Hawaii’s Ban on Carrying Guns on Private Property.

Clearly, 2025-2026 is shaping up to be another major term for gun rights. Whether it leads to more freedom—or more erosion—will depend not just on wins and losses, but on the logic the Justices use to get there.

What’s Next?

Oral arguments in Hamani are expected in early 2026, with a decision likely by June. Until then, gun owners—especially those who use cannabis—should stay informed and cautious.

The Supreme Court may finally be settling the marijuana gun question.

Stay Informed: Join ConcealedCarry.com to get updates on this case and more Second Amendment news that affects your rights.

About Jacob Paulsen

Jacob S. Paulsen is the President of ConcealedCarry.com. For over 20 years Jacob has been involved as a professional in the firearm industry. He values his time as a student as much as his experience as an instructor with a goal to obtain over 40 hours a year of formal instruction. Jacob is a NRA certified instructor & Range Safety Officer, Guardian Pistol instructor and training counselor, Stop The Bleed instructor, Affiliate instructor for Next Level Training, Graduate and certified instructor for The Law of Self Defense, TCCC Certified, and has been a Glock and Sig Sauer Certified Armorer. Jacob is also the creator of The Annual Guardian Conference which is a 3-day defensive handgun training conference.

View all posts by Jacob Paulsen