Second Amendment

Civil Libertarians Left and Right Unite To Oppose Disarming Cannabis Consumers

A Supreme Court case illustrates the potential for trans-partisan alliances between critics of gun control and critics of the war on drugs.

Jacob Sullum | 3.4.2026 12:01 AM

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Ali Hemani (Ali Hemani/Gary Blakeley/Dreamstime)

Under federal law, millions of Americans are committing felonies right now because they own guns and use marijuana, even if they live in states that have legalized the drug. There is nothing unconstitutional about that baffling situation, a Trump administration lawyer assured the Supreme Court on Monday, because cannabis consumers are analogous to "habitual drunkards," who historically could be confined to workhouses or mental institutions.

Most of the justices, including both Republican and Democratic appointees, seemed skeptical of that claim. Their agreement reflected the trans-partisan alliances inspired by this case, which illustrates the potential for common ground between right-leaning critics of gun control and left-leaning critics of the war on drugs.

The case, which sits at the intersection of those two policies, involves Ali Hemani, a Texas man who was charged with illegal gun........

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