The Supreme Court has good news for people who like weed and guns
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The Supreme Court has good news for people who like weed and guns
United States v. Hemani does not clarify the Court’s chaotic gun decisions, but it is good news if you like to get high and shoot.
Do you like to smoke marijuana? Do you also enjoy firearms? If so, the Supreme Court has great news for you.
On Thursday, the Supreme Court held in United States v. Hemani that the federal government may not categorically forbid an “unlawful user” of marijuana from possessing a gun. Hemani also has fairly broad implications for many drug users.
Get the latest developments on the US Supreme Court from senior correspondent Ian Millhiser.
As Justice Neil Gorsuch notes in the majority opinion, the federal statute at issue in the case bars unlawful users of any “controlled substance” from possessing firearms. This law, he suggests, is far too broad, because it would rope in relatively innocuous drug users such as “a husband who regularly takes his wife’s prescription Ambien to sleep and a college student who routinely uses a friend’s Adderall to cram for exams.”
So, under Hemani, it appears that a wide range of people who use prescription medications or other drugs in ways that violate the law may now own guns.
Gorsuch’s majority opinion does suggest that the government may ban some users of some drugs from possessing firearms if it can show that those drug users are likely to behave erratically or to otherwise endanger others. But all nine justices agreed that a categorical ban on gun possession by marijuana users goes too far. The justices split into a few different camps, however, on why the law at issue in Hemani is unconstitutional.
Most notably, Justice Ketanji Brown Jackson, in an opinion joined by Justice Sonia Sotomayor, calls for her Court to overrule New York Rifle & Pistol Association v. Bruen (2022), a chaotic decision that, as she writes, “is unworkable,” because it “imposes on judges the unfamiliar and difficult tasks of sifting........
