This Monday, March 2nd, the US Supreme Court will hear oral arguments in the case US v. Hemani. At issue in the case is whether Section 922 (g)(3) of the 1968 Gun Control Act, which makes it illegal “for any person who is an unlawful user of or addicted to any controlled substance” to possess a firearm, is a violation of the Second Amendment rights of cannabis users. In a new analysis, Rockefeller Institute Director of Operations and Fellow Heather Trela explains how questions from the Court's justices during oral arguments may provide clues into how the Court is thinking about applying the "historical tradition" standard for gun laws created in their 2022 Bruen ruling, whether they distinguish between cannabis use and cannabis impairment when considering intoxication, and how other actions, like President Trump's December 2025 Executive Order to expedite cannabis rescheduling, impact the constitutionality of firearm prohibition under Section 922 (g)(2). Continue Reading... |
