Mike Jenkins | January 28, 2026
(Tampa Free Press)
A major legal battle is heating up in the nation’s capital that could impact tens of millions of Americans. The Liberty Justice Center filed a supporting legal brief this week in the case of United States v. Hemani, urging the U.S. Supreme Court to rule that the government cannot ban people from owning firearms just because they use cannabis.
The case challenges a federal law that stops “unlawful users” of controlled substances from possessing guns, a rule that lawyers say is outdated and unconstitutional.
The central argument is about fairness and history. In the brief filed on January 27, the Liberty Justice Center argues that stripping someone of their Second Amendment rights should require proof that the person is actually dangerous.
Currently, the federal statute creates a sweeping ban. It treats everyone who uses cannabis—even in states where it is legal for medical or recreational use—as a threat to public safety.
Attorneys for the Center say this approach ignores American history. They point out that while the government has always had the power to disarm people who are actively intoxicated or proven to be violent, there is no historical tradition of disarming sober citizens based solely on their habits.
They argue that just as the Founding Fathers did not ban alcohol drinkers from owning muskets, modern laws shouldn’t ban cannabis users from owning handguns unless they pose a specific threat.
This case comes at a time when public opinion on cannabis has shifted dramatically. The brief highlights that nearly 90% of American adults believe cannabis should be legal for medical or recreational use. With over 64 million Americans reporting cannabis use in the last year, strict enforcement of this federal gun ban would technically turn one-fifth of the adult population into criminals if they chose to defend their homes with a firearm.
“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.
The brief supports a lower court decision from the Fifth Circuit, which previously ruled that disarming ordinary, law-abiding people without a judicial finding of danger crosses a constitutional line.
The Supreme Court is scheduled to hear oral arguments for the case on Monday, March 2, 2026. If the Court agrees with the Liberty Justice Center, it could fundamentally change how federal gun laws apply to millions of otherwise law-abiding citizens who use cannabis.
The decision would likely force the government to prove an individual is dangerous before taking away their right to self-defense, rather than assuming they are dangerous simply because they use a substance that is legal in much of the country.
To see this article on the Tampa Free Press website, click here.
Learn more about the Liberty Justice Center’s Amicus Brief for United States v. Hermani.