The U.S. Supreme Court has agreed to hear a case on the constitutionality of a federal law prohibiting people who use marijuana or other drugs from buying or possessing firearms. The Trump administration has argued that the policy “targets a category of persons who pose a clear danger of misusing firearm” and should be upheld.
After several years of conflicting lower court rulings on related cases, justices on Monday granted cert in U.S. v. Hemani to settle the question of whether the ban—known as Section 922(g)(3)—is consistent with the Second Amendment.
While the court on Monday also declined to take up a separate case on cannabis consumers’ gun rights, there are still several others pending a decision from the justices. But the choice to take up Hemani in particular is likely welcome news to the Justice Department, which has consistently defended the firearm prohibition and specifically requested that SCOTUS review that case instead of alternatives.
That could be related to the fact that the defendant is not only a marijuana consumer but also a user of cocaine who’s sold drugs in the past, so it’s possible DOJ reasoned that he is a less sympathetic face for the issue. Defendants in the
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