Last reviewed November 1, 2026
U.S. v. Hemani (2026)
On June 18, 2026, the Supreme Court ruled 9-0 in United States v. Hemani that the government could not prosecute a man for owning a gun at home based only on his regular marijuana use. Federal law, 18 U.S.C. 922(g)(3), bars any “unlawful user” of a controlled substance from possessing firearms. The Court found no historical tradition supporting that blanket ban as applied to someone who was not shown to be dangerous or intoxicated while armed.
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Recreational and Medical (25): Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia, Washington
Medical Marijuana (17): Alabama, Arkansas, Florida, Hawaii, Kentucky, Louisiana, Mississippi, Nebraska, New Hampshire, North Dakota, Oklahoma, Pennsylvania, Puerto Rico, South Dakota, Texas, Utah, West Virginia
Not Legal or CBD Only (10): Georgia, Idaho, Indiana, Iowa, Kansas, North Carolina, South Carolina, Tennessee, Wisconsin, Wyoming
How this map is researched, from statute to state note: How We Research.
What it does not change
- The ruling is narrow. Section 922(g)(3) is still law and can apply where there is evidence of danger, addiction or intoxication.
- Marijuana remains federally controlled, and the Form 4473 still asks about drug use. A false answer on the 4473 is a separate federal felony.
- State medical or recreational legalization does not override federal law, and some states have their own restrictions.
History of Marijuana and Gun Laws
Hand-made in 2021 with a perfectly clear head. The robots, for the record, have never been offered any.
- 1951 Boggs Act
– 1st federal Mandatory Minimum Sentence in the US
– first time cannabis possession = minimum of 2-10 years & $20,000 fine
– 1970 repealed - 1986 Anti-Drug Abuse Act
– 1st Offense: 2–5 years.
– 2nd Offense: 5–10 years
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