Supreme Court Agrees To Hear Case On Gun Rights Of People Who Use Marijuana And Other Illegal Drugs

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. 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.

The language of the statute prohibits anyone “who is an unlawful user of or addicted to any controlled substance” from purchasing or possessing firearms or ammunition. As marijuana is currently federally prohibited as a Schedule I drug under the Controlled Substances Act (CSA), the court will be reviewing the constitutionality of the statute in relation to state-legal marijuana use and the Second Amendment.

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