Can Marijuana Users Face Criminal Charges for Possessing Guns?

 Posted on April 03, 2026 in Criminal Defense

Under the administration of President Donald Trump, the approach the Department of Justice has taken to both guns and marijuana has been somewhat scattered. In some cases, the Justice Department has sought to lift restrictions on gun ownership, but in others, it has tried to prosecute people who are accused of possessing guns while also using marijuana. At the same time, President Trump has ordered the Justice Department to reclassify marijuana as a less dangerous substance. These conflicting issues are coming to a head in a case that is currently being considered by the U.S. Supreme Court.

Due to shifting laws and policies, people who face criminal charges related to marijuana, other drugs, and firearms may be confused about how these cases will be handled. While the laws may change in the future, weapons charges may still apply in certain situations, and those who are facing these charges will need to understand their options for defense. An attorney who understands both federal and state laws related to firearms and drugs can provide representation in these cases, helping people determine the best ways to handle these cases.

Supreme Court Hears Case Involving Firearm Possession by Marijuana User

Under 18 U.S.C. § 922(g)(3), it is a federal crime for a person who is addicted to a controlled substance or who is an "unlawful user" of a controlled substance to possess a firearm. A person who is charged with this offense could face a sentence of up to 15 years in federal prison. Criminal justice advocates have argued that this law is overly broad, and there is confusion about what makes a person an "unlawful user" of a drug. Cases involving marijuana can be especially complex, since the drug has been legalized in some form in most states, but it is still classified as a Schedule I controlled substance at the federal level. People who purchase the drug legally could end up facing federal charges if they also own or possess a gun.

Many gun laws in the United States are being reinterpreted by courts due to a 2022 Supreme Court decision that found that prohibitions against guns are unlawful unless they are grounded in history and are consistent with the country’s traditions involving firearm regulation. A recent court case in Texas addressed the question of whether the law prohibiting gun ownership by drug users is unconstitutional, and this case has been appealed to the U.S. Supreme Court.

In 2022, Ali Danial Hemani, a dual citizen of the United States and Pakistan, was detained by federal agents. He had been monitored by the government due to his ties to Iran’s Revolutionary Guard. When his home was searched, he informed agents that he owned a gun and that he was a regular user of marijuana. While the government initially tried to charge him with multiple offenses, all charges were dropped except for possession of a gun while being an unlawful user of a controlled substance.

Hemani contested the charges, and his case was eventually heard by the 5th Circuit Court of Appeals in New Orleans. This court ruled that the law restricting gun ownership by drug users goes against the history and tradition of firearm regulation in the U.S. In its ruling, it stated that traditional regulations have placed some restrictions on firearm possession by people who are currently intoxicated, but they do not support restrictions on gun ownership based on a person’s past use of controlled substances.

The case was appealed to the Supreme Court, which heard oral arguments on March 2, 2026. During these arguments, the court’s justices seemed skeptical about the idea that marijuana is so dangerous that it requires restrictions on gun possession for users. The defense noted that at the same time as the government is prosecuting people for possessing weapons while using marijuana, the Trump administration is trying to have marijuana reclassified, indicating that it is not a dangerous substance. While the court’s final decision will not be issued until the summer of 2026, it may choose to loosen restrictions on firearm possession, such as by allowing gun ownership for marijuana users but prohibiting it for those who are addicted to controlled substances.

Contact Our Hartford Federal Weapons Charges Attorneys

Understanding the specific laws that may apply in cases involving weapons charges and drug use can be difficult. Legal representation is crucial in these situations, and a skilled attorney can provide guidance on the best ways to defend against a conviction. At Woolf & Ross Law Firm, LLC, our Connecticut weapons charges lawyers are prepared to advocate for people who are facing these types of charges, and we will fight to protect our clients’ rights and make sure the laws are interpreted correctly. Contact us and arrange a free consultation by calling 860-290-8690.