The Supreme Court will decide if marijuana users may be barred from owning guns
Vox
February 23, 2026
AI-Generated Deep Dive Summary
The Supreme Court is set to address a significant case, *United States v. Hemani*, which challenges whether Congress can criminalize gun possession by individuals classified as “unlawful users” of marijuana. The crux of the issue lies in defining what constitutes an “unlawful user,” a term federal courts have struggled to interpret consistently. This legal ambiguity raises concerns about due process, as it leaves individuals uncertain about when or if they can legally own guns after using marijuana, even occasionally.
The case highlights the varying interpretations among federal appeals courts. Some circuits require evidence of habitual drug use, while others impose less stringent standards. For instance, one court ruled that a single drug use six hours before gun possession does not bar ownership, whereas another required “sufficiently consistent” use. These discrepancies suggest the law is unconstitutionally vague, failing to provide clear guidelines for lawful conduct.
The Supreme Court’s approach to Second Amendment cases has been inconsistent and confusing. The *Heller* and *Bruen* decisions introduced
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Originally published on Vox on 2/23/2026