By John Fritze, CNN
(CNN) — The Supreme Court appeared likely Monday to curb the government’s ability to disarm a frequent marijuana user, though several of the justices were also wary of completely undermining a 1968 law that was intended to ensure that Americans addicted to drugs don’t have access to firearms.
Over the course of nearly two hours of argument, a majority of justices — both conservative and liberal — signaled that they believed federal prosecutors overreached when they charged a Texas man with violating a federal law that bars people who are an “unlawful user” of drugs from owning guns.
In defending the law, the Trump administration argued the prohibition was similar to public drunkenness laws that were widely in force during the colonial era. But that kicked off a series of difficult questions from the justices about what types of drugs, and at what amount, would render a person too dangerous to own a weapon.
“John Adams took a tankard of hard cider with his breakfast every day. James Madsion reportedly drank a pint of whiskey every day,” conservative Justice Neil Gorsuch told the attorney representing the Trump administration. “Are they all habitual drunkards who would be property disarmed for life under your theory?”
What if a person takes “one gummy bear with a medical prescription in Colorado?” Gorsuch pressed. “Disarm him for life?”
Sarah Harris, principal deputy solicitor general, said that person would fall under the category of a “habitual user” but that they would not likely be prosecuted. Trump signed an executive order in December to expedite the reclassification of marijuana, a move that would not legalize it but would increase research on medical uses.
The case centers on Ali Danial Hemani, a dual citizen of the United States and Pakistan, who was indicted in 2023 on a single count of violating the federal anti-guns-and-drugs law. Though the Justice Department accused Hemani of many things in its appeal last year, his indictment dealt only with an FBI search that turned up a Glock 9mm pistol and 60 grams of pot.
The DOJ said Hemani used marijuana about every other day.
President Joe Biden’s son, Hunter Biden, was convicted in 2024 of the same law, though that case involved his addiction to crack cocaine. He was later pardoned by the president during his final days in office.
Roughly half of US states have legalized small amounts of marijuana for recreational use and an even higher share of states allow the drug to be used medicinally. And, Gorsuch noted, the federal government has not anything to stop the shifting legal landscape around pot.
“What do we do with the fact that marijuana is sort of illegal and sort of isn’t, and that the federal government itself is conflicted on this?” Gorsuch said.
Justice Amy Coney Barrett, a conservative, noted that the law appli