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During yesterday’s hearing, the Supreme Court continued to grapple with whether the federal government can disarm marijuana users under the Gun Control Act of 1968. The case, United States v. Hemani, hinges on the “Bruen test,” which requires modern gun laws to have a historical equivalent from the 1700s. The government compared marijuana users to “habitual drunkards” of the founding era, a comparison that drew skepticism from several justices.
Justice Gorsuch and Justice Barrett questioned if disarming someone for moderate drug use—like eating a “gummy bear” for sleep—is constitutional, especially when several Founding Fathers were daily drinkers. However, Chief Justice Roberts and Justice Kagan expressed concern that striking down the law could prevent the government from regulating gun access for users of much more dangerous hallucinogens. A final decision, expected by this summer, will determine if millions of legal marijuana users retain their Second Amendment rights. Read the full story.
Referenced article written by Nina Totenberg. Published on March 2, 2026 by NPR.
