Cannabis and Gun Rights: Where Federal Law Stands in 2026

A fast-moving legal question, explained as it stands this spring.

For decades, a federal law has made it a crime for an “unlawful user of” a controlled substance — a category that has long included cannabis — to possess a firearm. In 2026, that rule is being challenged and reshaped on three fronts at once. Here's a clear picture of where things stand.

1. The Case That Started It: United States v. Connelly

The current wave of legal challenges traces largely to a 2024 ruling. In United States v. Connelly, decided in August 2024, the New Orleans-based 5th U.S. Circuit Court of Appeals held that the federal ban was unconstitutional as applied to a marijuana user. The case involved Paola Connelly, a Texas woman who told police she occasionally used marijuana as a sleep aid and for anxiety. Writing for the court, Judge Kurt Engelhardt drew on the Second Amendment and the Supreme Court's 2022 Bruen decision, reasoning that while the government may have grounds to restrict someone who is actively intoxicated, there was no historical tradition supporting the disarming of a sober person based solely on past or occasional drug use.

The Connelly decision didn't settle the question nationally — but it became the precedent that set up a much bigger case.

2. The Supreme Court Steps In: United States v. Hemani

The same legal question is now before the U.S. Supreme Court in United States v. Hemani. The Court heard oral arguments on March 2, 2026, and a decision is expected by late June or early July. At issue is whether the federal firearms ban violates the Second Amendment as applied to a cannabis user.

It's worth being clear-eyed about this case. Unlike Connelly, the defendant here is not a straightforward “occasional user” story: Ali Hemani had been under FBI investigation, and a search of his home turned up a handgun along with marijuana and cocaine. Several Second Amendment groups have noted he is a far less sympathetic test case. The legal alignment is also unusual — organizations including the NRA, NORML, and the Drug Policy Alliance have all urged the Court to uphold the 5th Circuit's reasoning, while a group of states has urged the opposite. Whatever the Court decides, the ruling could affect how this law applies to cannabis users nationwide.

3. Rescheduling and a Proposed ATF Form Change

Running alongside the court fight are two regulatory developments. First, the Justice Department has reclassified state-authorized medical cannabis from Schedule I to Schedule III of the Controlled Substances Act, and the DEA has scheduled further administrative hearings on broader rescheduling beginning in late June 2026.

Second, in May 2026 the ATF posted a proposed revision to Form 4473 — the form every buyer completes when purchasing a firearm from a licensed dealer. The current form warns that marijuana use remains unlawful federally regardless of state medical or recreational legalization. The proposed draft narrows that warning to focus on recreational use and removes the explicit reference to medical cannabis, reflecting the reclassification.

Two cautions here are essential. This form change is a proposal, not a finalized rule — it is open for public comment, and the ATF will review input before deciding whether to adopt it. And importantly, marijuana remains on the form's controlled-substance question. A buyer still has to certify they are not an unlawful user of marijuana or other controlled substances; it is the warning language around that question that the draft changes, not the question itself.

What This Means Right Now

The honest bottom line: federal law on cannabis and firearms is genuinely in flux, and the direction of travel is toward loosening — but as of this writing, nothing is settled. The Supreme Court has not ruled. The ATF form change is not final. Federal law still restricts firearm possession by people it defines as unlawful drug users. Anyone navigating this intersection — a medical cannabis patient who owns or wants to buy a firearm, in particular — should treat it as an unsettled area and seek advice from a qualified attorney about their specific situation, rather than relying on the direction things appear to be heading.

This article is for general information only and is not legal advice. It describes ongoing litigation and proposed rules, all of which may change. Federal firearms law is complex and fact-specific; consult a qualified attorney regarding your own circumstances.

Last reviewed: May 2026. This page covers a developing situation — a U.S. Supreme Court decision in United States v. Hemani is expected by around July 2026, and the ATF's public comment period on its proposed form change closes August 6, 2026. Please verify current status before relying on this summary.