For decades, federal law treated an “unlawful user of or addicted to any controlled substance” the same way it treated violent felons when it came to gun ownership. Using drugs of any kind outside of a medically indicated reason, like a prescription, automatically stripped that person’s Second Amendment rights.

On June 18, 2026, the United States Supreme Court changed that. In United States v. Hemani, the court ruled that the federal government cannot prosecute a person for possessing a firearm based only on the fact that they regularly use marijuana or another controlled substance. If you are a Wisconsin gun owner who uses marijuana, or if you are currently facing federal gun charges connected to drug use, this ruling may be important for you. Talk to our Milwaukee gun rights defense attorneys to learn more.