Guns and Drug Use: What the Supreme Court's United States v. Hemani Decision Could Mean for Texans

By Carlo D'Angelo, Criminal Defense Attorney | D'Angelo Legal, Tyler, Texas

Quick answer: The U.S. Supreme Court is deciding whether a federal law that bans gun possession by people who use illegal drugs — including marijuana — violates the Second Amendment. The case, United States v. Hemani, started right here in the Eastern District of Texas. A ruling is expected by the summer of 2026, and it could reshape how federal prosecutors charge gun-and-drug cases across East Texas and the country.

A Texas Case That Reached the Nation's Highest Court

One of the most closely watched federal criminal cases of 2026 began in Texas. In United States v. Hemani, federal agents searched the home of Ali Danial Hemani and found a 9mm handgun along with marijuana and a small amount of cocaine. Hemani acknowledged that he used both substances. He was indicted in the Eastern District of Texas under 18 U.S.C. § 922(g)(3) — the federal statute that makes it a crime for anyone who is "an unlawful user of or addicted to any controlled substance" to possess a firearm.

What makes this case extraordinary is what happened next. Rather than accepting the charge, Hemani challenged the law itself, arguing that disarming someone simply because they use a controlled substance violates the Second Amendment. The federal district court agreed and dismissed the indictment. The Fifth Circuit Court of Appeals affirmed that dismissal. The federal government then asked the U.S. Supreme Court to step in, and the Court heard oral argument on March 2, 2026.

Federal crypto prosecutions are no longer confined to New York and California. The Eastern District of Texas — Tyler, Sherman, Plano, Beaumont — has a growing docket of digital-asset cases.