In a case that could reshape the intersection of gun rights and marijuana use, the U.S. Supreme Court has agreed to hear arguments on whether regular cannabis users can lawfully possess firearms — a ruling that may impact millions of Americans, including residents in Galveston and across Texas.
The case stems from the prosecution of Ali Danial Hemani, a Texas man charged with unlawful gun possession. Federal authorities allege Hemani admitted to being a regular marijuana user, which under current federal law bars him from owning a firearm. However, a federal appeals court struck down that law as unconstitutional in light of the Supreme Court’s recent expansion of gun rights.
Now, the high court will weigh whether the ban on gun ownership for cannabis users holds up under the Constitution, particularly after its landmark 2022 ruling that reaffirmed the right to carry firearms in public for self-defense.
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Why This Matters in Texas
Texas has long embraced gun rights, and with the state’s relaxed stance on medical marijuana — and a growing push for full legalization — the case has immediate implications for many residents. The current federal law doesn’t distinguish between occasional and habitual use, and it doesn’t exempt users in states that have legalized marijuana.
The Biden administration’s Justice Department argues that regular drug users pose a significant public safety threat and that restricting their access to firearms is justified. But Hemani’s legal team — and the Fifth Circuit Court of Appeals — contend that the law is overly broad and unconstitutional, especially since millions of Americans have used marijuana without ever committing a violent offense.
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What the Court’s Decision Could Mean
The outcome of this case could:
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Determine whether a marijuana user with no history of violence or mental illness can legally own a gun.
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Clarify how far the federal government can go in restricting gun ownership based on behavior not inherently criminal under state law.
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Open the door to legal challenges involving other substances or behaviors deemed “risky” by the federal government.
With a growing number of states, including Texas, legalizing or decriminalizing marijuana, the Supreme Court’s decision could redefine Second Amendment protections in the context of evolving drug laws.
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Charged with Gun or Drug Crimes in Galveston?
Zendeh Del & Associates, PLLC monitors federal decisions like this one closely because they influence how cases are handled in Texas courts. If you’ve been charged with unlawful possession of a firearm, drug crime, or both — especially if marijuana use is involved — you need a defense strategy tailored to both state and federal legal standards.
Source: ABC13 – Supreme Court to Hear Case on Guns and Marijuana Use