WASHINGTON, D.C. — In a rare show of cross-ideological unity, major gun rights organizations and cannabis policy advocates have joined forces in urging the U.S. Supreme Court to overturn the federal gun ban on marijuana users.
The National Rifle Association (NRA), Second Amendment Foundation (SAF), and the National Organization for the Reform of Marijuana Laws (NORML) have each filed amicus briefs in United States v. Hemani, a case that challenges 18 U.S.C. § 922(g)(3), the federal statute barring firearm possession by users of controlled substances—including marijuana.
All three groups argue that the law is unconstitutional when applied to otherwise law-abiding individuals who use marijuana legally under state law and are not under the influence when possessing a firearm.
“For centuries, Americans cultivated, consumed, and prescribed cannabis without any suggestion that doing so warranted loss of firearms rights,” NORML stated in its brief. The organization emphasized that § 922(g)(3) amounts to a “sweeping, status-based, near-perpetual disarmament regime” that stands in stark contrast to temporary restrictions historically imposed only during actual intoxication.
The NRA’s brief made a similar point, noting that early American laws targeted behavior—such as carrying a firearm while intoxicated—not lifestyle. SAF’s brief, meanwhile, leaned heavily on the Supreme Court’s Bruen and Rahimi decisions, arguing that there is no historical tradition justifying disarmament of sober cannabis users.
The case stems from a Fifth Circuit ruling that sided with the respondent, Ali Danial Hemani, who was charged solely under § 922(g)(3). The court ruled that the federal ban violated his Second Amendment rights because there was no allegation of intoxication, firearm misuse, or individualized dangerousness.
NORML’s participation reflects a growing alliance between civil liberties advocates and Second Amendment defenders on the question of cannabis and gun rights. Their brief highlights that marijuana is currently legal for medical or recreational use in 40 states and notes Congress has repeatedly blocked the DOJ from interfering with state-legal medical cannabis programs.
Recent moves by the federal government have further complicated the issue. The ATF recently proposed a rule redefining who qualifies as an “unlawful user,” suggesting prosecutors would need to prove consistent and compulsive drug use—not just casual or occasional consumption.
The growing legal and cultural divide between state-legal marijuana use and federal gun laws has become a constitutional flashpoint—and this case may offer the Supreme Court its clearest opportunity yet to resolve it.
The Court is expected to hear oral arguments later this year.
