Overview
- During arguments in United States v. Hemani, several justices signaled skepticism that founding-era rules on “habitual drunkards” justify a categorical ban on routine marijuana users.
- Justices Neil Gorsuch and Amy Coney Barrett pressed the government on thresholds and scope, invoking hypotheticals such as a single marijuana gummy or use of drugs like Ambien.
- Chief Justice John Roberts and Justice Samuel Alito questioned shifting dangerousness judgments from Congress to courts, reflecting caution about case-by-case determinations.
- Lower courts dismissed Hemani’s indictment under the Bruen framework, requiring proof of present intoxication or a closely matched historical analogue rather than mere habitual use.
- The law bars anyone who “is an unlawful user of or addicted to any controlled substance” from possessing firearms, carries penalties up to 15 years, is used in roughly 300 prosecutions annually, and figured in Hunter Biden’s 2024 conviction before his pardon.