First Thursday, March 2026

Posted on 03/05/2026

The U.S. Supreme Court recently heard oral arguments in the case United States v. Hemani. The case deals with whether federal criminal statute 18 U.S.C. § 922(g)(3), which makes it a felony for an “unlawful user” of a controlled substance to possess a firearm, is constitutional when it is used to prosecute a person who is a marijuana user and who keeps a gun safely secured at home for self-defense. The case will have important ramifications for law enforcement officers as marijuana use is becoming more accepted both recreationally and medicinally.

The latest from LRIS (0:04:25)

The case (0:06:00)

Other cases discussed in the podcast:

United States v Daniels (5th Cir. January 2025)
https://www.supremecourt.gov/DocketPDF/23/23-376/284275/20231005143926385_Daniels%20Pet%2010.4.pdf

United States v. Cooper (8th Cir. February 2025)
https://caselaw.findlaw.com/court/us-8th-circuit/116899332.html

Cooper v Garland (11th Cir. August 2025)
https://media.ca11.uscourts.gov/opinions/pub/files/202213893.pdf

United States v. Harrison (10th Cir. August 2025)
https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111289347.pdf

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