Supreme Court to Decide: Can People Who Regularly Smoke Marijuana Legally Own Guns?

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For many Arkansans, both marijuana use and gun ownership are important parts of their lives. But what happens when those two rights seem to conflict? The U.S. Supreme Court is now taking up that question in a case that could have major implications for gun owners across the country.

Right now, federal law says that people who regularly use marijuana, even in states where it’s legal, are not allowed to own or possess firearms. This creates confusion for many people, since state laws may permit medical or recreational marijuana use, while federal rules still treat it as illegal. The question before the Court is whether that law violates the Second Amendment.

Let’s take a closer look at how this case began, what’s at stake, and what it could mean for marijuana patients in Arkansas.

How Federal Law Views Marijuana Users and Firearms

Under federal law, it’s illegal for anyone who is an “unlawful user of or addicted to any controlled substance” to own a firearm. Since marijuana is still considered a Schedule I drug under federal law, this means that anyone who regularly uses marijuana, even for medical purposes, can be banned from having a gun.

This has caused major confusion in states like Arkansas, where medical marijuana is legal. A patient may be following all state rules when using marijuana, yet still be considered forbidden from owning firearms under federal law.

The Case: United States v. Hemani

The case now before the Supreme Court involves a Texas man named Ali Danial Hemani. He was charged under federal law after admitting that he regularly used marijuana while owning firearms.

The Fifth Circuit Court of Appeals ruled in his favor, saying that the federal law was unconstitutional in his case. The court found that he was not impaired while possessing his firearm, and that the law went too far in restricting the rights of responsible gun owners who use marijuana.

The Department of Justice disagreed and appealed the ruling. Now, the Supreme Court has agreed to hear the case, with a decision expected sometime in 2026.

What the Government Argues

Federal officials believe that the current law should remain in place for safety reasons. They argue that people who regularly use illegal drugs, including marijuana, could be more likely to misuse firearms.

The government also points to historical examples where certain groups, such as convicted felons or individuals deemed mentally unfit, were restricted from owning weapons. They claim this supports keeping the ban in place for marijuana users.

What the Defense Argues

Hemani’s lawyers argue that the law unfairly targets responsible marijuana users who are not a threat to public safety. They point out that millions of Americans use marijuana legally under state programs, and it makes little sense to take away their Second Amendment rights for following their state’s laws.

The defense also argues that this federal law fails the Supreme Court’s own test for gun restrictions. In 2022, the Court ruled that gun laws must be consistent with the nation’s historical traditions. Since there is no historical precedent for banning gun ownership simply for using a substance like marijuana, the defense believes this restriction should be struck down.

What It Means for Arkansas

For now, Arkansans who use marijuana should be careful when it comes to gun ownership. Even if you have a valid medical marijuana card and follow state law, federal law still applies when it comes to firearms.

However, Arkansas does have some state-level protections in place. In 2023, lawmakers passed Act 757, which allows medical marijuana patients to legally own firearms and apply for concealed-carry handgun licenses. The law makes it clear that being part of the state’s medical marijuana program cannot be used as a reason to deny someone a handgun license.

Still, this state protection does not override federal law. While Arkansas may allow medical marijuana patients to have guns under state law, the federal government can still consider them prohibited firearm owners.

If the Supreme Court rules in favor of the federal government, it will confirm that marijuana users across the country, including in Arkansas, cannot legally own guns under federal law. If the Court rules in favor of Hemani, it could open the door for responsible marijuana users to legally possess firearms nationwide.

What Patients Should Know

• The law has not changed yet. Until the Supreme Court makes its decision, federal law continues to prohibit marijuana users from owning firearms.

• Background checks for gun purchases require you to complete ATF Form 4473, which specifically asks whether you use marijuana or any other controlled substances. Answering “yes” will result in being denied a firearm, while lying on the form is considered a federal offense and can lead to criminal charges.

• If you already own a gun and later apply for an Arkansas medical marijuana card, the state’s application does not ask about firearm ownership. 

• Having a medical marijuana card in Arkansas does not automatically disqualify you from gun ownership under state law, but it could under federal law.

• It’s important to stay informed about changes in both state and federal laws, especially if you are a medical marijuana patient and a gun owner.

The Bottom Line

The Supreme Court’s upcoming decision will determine whether people who regularly use marijuana can legally own firearms under federal law.

Until that ruling comes, marijuana users in Arkansas should remember that federal law still prohibits gun ownership for marijuana users. Arkansas law offers some protection for medical marijuana patients, but it does not override federal restrictions.

If the Court sides with Hemani, it could reshape how marijuana users are treated under gun laws nationwide. Until then, patients should remain cautious, follow all regulations, and stay informed about the changes to come.

Get Your Medical Marijuana Card Today!

Medical marijuana is legal in Arkansas, and we can help you renew your medical card TODAY! If you qualify for your renewal, give us a call, and we can help!

You need your medical card to access any of Arkansas’ medical dispensaries. Not to worry, because it is now easier than ever to renew your card with Arkansas Marijuana Card!

Telemedicine makes it easy for you to renew your card from the comfort of your own home! Schedule an appointment with one of our physicians to get started today!

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Here at Arkansas Marijuana Card, we aim to help everyone achieve wellness safely and conveniently through increased access to medical marijuana. Our focus on education, inclusion, and acceptance will reduce the stigma for our patients by providing equal access to timely information and compassionate care.

Call us at (844)-249-8714 today, or book an appointment here.

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