Unanimous: SCOTUS Rules Hemani
Prosecution 'Inconsistent with Second Amendment'

By Dave Workman. June 19, 2026

The U.S. Supreme Court on Thursday ruled unanimously that the government's prosecution of a man convicted of casual marijuana use while owning a firearm "is inconsistent with the Second Amendment."

The case is known as United States v. Hemani.

The ruling amounts to a tectonic shift in how the government deals with casual marijuana users who also possess firearms, which under federal law has remained illegal even while several states have adopted laws allowing recreational marijuana use, along with recognizing the medical use of marijuana as prescribed by physicians.

And, as noted by Fox News, this is the same law that was used to prosecute Hunter Biden.

In addition to the court opinion, authored by Justice Neil Gorsuch, there are three concurring opinions, one from Justice Clarence Thomas, another from Justice Ketanji Brown Jackson, which was joined by Justice Sonia Sotomayor and a third by Justice Samuel Alito, joined by Justice Elena Kagan. The opinion of the court was joined by Justices Thomas, Sotomayor, Jackson, Brett Kavanaugh and Amy Coney Barrett.

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