Supreme Court Narrows Federal Gun Ban for Marijuana Users

Ruling applies nationwide, including North Carolina, but impact remains limited

The U.S. Supreme Court ruled Thursday, June 18, 2026, that the federal government cannot automatically bar someone from possessing a firearm solely because they use marijuana, finding that prosecutors must show the individual was dangerous or impaired at the time of the offense. The unanimous decision limits how a 1968 federal gun law may be enforced but does not strike down the statute.

The case, United States v. Hemani, involved a Texas man who admitted to using marijuana regularly but was not accused of being intoxicated, threatening, or engaged in criminal activity when a firearm was found in his home. The Court held that the government must demonstrate a clear link between drug use and dangerous behavior before applying the federal prohibition. Justice Neil Gorsuch described the ruling as narrow and noted that it does not prevent enforcement in cases involving addiction, impairment, or evidence of risk to others.

Because the ruling addresses a federal statute, it applies nationwide, including in North Carolina, where marijuana remains illegal under state law. The decision effects only federal prosecutions and does not change North Carolina’s firearm statutes or state-level drug laws. Federal prosecutors in the state must now show evidence of dangerousness or impairment if they pursue charges based solely on marijuana use and firearm possession.

Recreational marijuana remains illegal under federal law even though many states have legalized it for adult use. State legalization does not override federal classification, and the federal government’s recent reclassification of medical marijuana did not change the legal status of recreational use. Under federal law, recreational users are still considered unlawful drug users, though today’s ruling limits how that designation can be used in gun cases.

Only 17 states still prohibit recreational marijuana, including North Carolina.

Those states are Alabama, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Mississippi, Nebraska, North Carolina, North Dakota, South Carolina, Tennessee, Texas, Wisconsin, Wyoming, and New Hampshire. The remaining states and the District of Columbia have legalized recreational use under their own laws, though federal prohibition remains in place.

The Court’s decision does not legalize marijuana in any form and does not alter North Carolina’s criminal penalties for possession. The federal prohibition on gun possession by unlawful drug users remains in effect, but prosecutors must now show more than marijuana use alone to support a charge.