United States v. Hemani

The Second Amendment protects the individual right to keep and bear arms, yet the federal government currently uses a broad, categorical ban to disarm millions of Americans based solely on their status as cannabis users. Under a federal statue any “unlawful user” of a controlled substance is prohibited from possessing a firearm. In a modern landscape where 40 states have legalized medical cannabis and 24 have legalized recreational use, this statute effectively treats nearly one-fifth of the adult population as presumptively dangerous criminals, regardless of whether they are sober, law-abiding, or have ever demonstrated a risk of violence.

The Liberty Justice Center has filed an amicus brief in United States v. Hemani asking the U.S. Supreme Court to affirm the Fifth Circuit’s decision and protect the Second Amendment rights of sober individuals. The brief argues that the government cannot use modern policy preferences to override the historical tradition of the Second Amendment. While the Founders recognized the authority to disarm the intoxicated or those found by a court to be a credible threat, there is no historical analogue for the permanent disarmament of sober citizens based on their status as substance users.

The Liberty Justice Center’s amicus brief explains why the current federal approach is constitutionally dangerous. By failing to require an individualized judicial finding of dangerousness, the government is stripping fundamental rights from millions of construction workers, nurses, teachers, and retirees who use cannabis for medical or recreational reasons. The brief emphasizes that for constitutional protections to remain meaningful, the government must prove a person is actually dangerous before taking away their ability to defend themselves.

“The Second Amendment protects individual rights. So, each person should be judged individually on whether they are too dangerous to possess a firearm, regardless of their personal circumstances,” said Ryan Morrison, Senior Counsel at the Liberty Justice Center.

Ensuring that Second Amendment protections apply to all law-abiding citizens—regardless of state-legal substance use—is essential for maintaining the rule of law. The Liberty Justice Center’s work in United States v. Hemani reflects a core principle: constitutional rights do not depend on broad, modern-day risk balancing untethered from history, and no federal statute is above the Bill of Rights.

The Liberty Justice Center’s filing in United States v. Hemani can be found here.