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.
A decision is expected before the Court's term ends in the summer of 2026.
What Is 18 U.S.C. § 922(g)(3)?
Section 922(g)(3) is a federal gun law. It prohibits firearm and ammunition possession by any person who is an unlawful user of, or addicted to, a controlled substance. In plain terms, the government has long taken the position that if you use illegal drugs, you cannot legally own a gun — even if you were never under the influence while holding the firearm, and even if the drug involved is marijuana.
This matters enormously in a state like Texas, where firearm ownership is common and where marijuana remains illegal under both state and federal law despite changing attitudes nationally. A person who lawfully owns a gun but occasionally uses marijuana could, under the government's reading of the statute, be exposed to a federal felony.
Why the Supreme Court Took the Case
The legal landscape around the Second Amendment shifted dramatically after the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen. That ruling requires the government to justify modern gun restrictions by pointing to historical laws that are genuinely comparable. Lower courts, including the Fifth Circuit that covers Texas, have since questioned whether laws like § 922(g)(3) can survive that test.
At the March 2026 oral argument, several justices appeared skeptical of the broad way the government applies the statute. The questioning focused on issues that go to the heart of any criminal charge under this law:
Vagueness. What does it actually mean to be an "unlawful user"? Does using marijuana once a week qualify? Once a month? The lack of a clear line troubled members of the Court.
Dangerous behavior versus unlawful behavior. There is a meaningful difference between someone who is dangerously intoxicated while armed and someone who simply used a substance days earlier. Critics of the statute argue it punishes status rather than conduct.
Historical analogues. The government pointed to old laws restricting "habitual drunkards," but opponents argued those laws targeted dangerous intoxication, not ordinary use.
Commentators following the argument suggested the Court may issue a narrow ruling rather than striking the statute down entirely. But even a narrow decision could change how these cases are charged and defended.
What This Means for People Facing Charges in East Texas
If you own a firearm and have any history of controlled-substance use — including marijuana — this case affects you. Federal prosecutors in the Eastern District of Texas regularly bring § 922(g)(3) charges, often stacking them on top of drug possession or trafficking allegations. A conviction carries the possibility of federal prison and a permanent loss of firearm rights.
Here is what is important to understand:
The law is in flux. Because the Supreme Court is actively reconsidering how § 922(g)(3) applies, the strength of these charges is genuinely uncertain right now. A skilled federal defense attorney can raise constitutional and statutory challenges that may not have been viable a few years ago.
Charging decisions are negotiable. Federal cases often involve target letters, grand jury investigations, and plea negotiations long before trial. The earlier a defense lawyer gets involved, the more options exist.
Every fact matters. How recently the alleged drug use occurred, whether you were under the influence, the type of substance, and how the firearm was discovered can all shape the defense. The Hemani case turned on exactly these kinds of distinctions.
Frequently Asked Questions
Can I lose my gun rights for using marijuana in Texas? Under current federal law, yes — 18 U.S.C. § 922(g)(3) prohibits firearm possession by unlawful drug users, and marijuana remains a controlled substance federally. The Hemanicase may change how aggressively that law can be enforced, but until the Supreme Court rules, the risk is real.
Does it matter that I wasn't high when I had the gun? It may matter a great deal. A central argument in Hemani is that the statute punishes drug use status rather than actual dangerous conduct. Whether you were intoxicated while in possession of the firearm can be an important part of your defense.
What should I do if I'm contacted by federal agents about a gun-and-drug case? Do not answer questions. Politely state that you want to speak with an attorney before saying anything. Anything you tell investigators — including admissions about drug use — can be used to build the case against you. Hemani's own statements to agents became part of the record.
When will the Supreme Court decide the case? A decision in United States v. Hemani is expected by the summer of 2026.
Facing a Federal Gun or Drug Charge in East Texas? Get Experienced Help Now.
Federal cases move quickly, and the law in this area is changing in real time. Attorney Carlo D'Angelo brings 28 years of criminal trial experience, a background as a former law school professor and published legal scholar, and a record of defending serious federal charges in the Eastern District of Texas and in courts nationwide. He has even filed petitions before the U.S. Supreme Court.
If you or someone you know is under investigation or facing charges under 18 U.S.C. § 922(g)(3) or any federal gun or drug statute, the time to build a defense is now.
Call D'Angelo Legal at (903) 595-6776 for a free, confidential consultation. Available 24/7. Hablamos Español.
This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every case is unique and depends on its own facts. Prior results do not guarantee a similar outcome. Attorney Advertising.