A federal law enacted in 1968, 177 years after the ratification of the Second Amendment, makes it a felony, currently punishable by up to 15 years in prison, for an "unlawful user" of "any controlled substance" to receive or possess a firearm. It therefore aims to disarm millions of Americans who pose no plausible threat to public safety, including cannabis consumers who live in states that have legalized marijuana.
That law, the U.S. Court of Appeals for the 5th Circuit held in the 2024 case United States v. Connelly, is unconstitutional as applied to defendants whose disqualification hinges on nothing more than "habitual or occasional drug use." In United States v. Hemani, which the U.S. Supreme Court is scheduled to hear on March 2, the Trump administration is asking the justices to reject the 5th Circuit's conclusion and reinstate the criminal case against a gun-owning marijuana user.
