If you’re a medical cannabis patient who also owns a firearm, you’ve probably felt some version of quiet anxiety about the two coexisting. For decades, federal law has made it a crime for anyone considered an “unlawful user” of a controlled substance to possess a gun, and marijuana, despite state-level legalization across much of the country, remained squarely inside that federal definition.Â
In June 2026, the Supreme Court weighed in on that exact tension in United States v. Hemani, and the ruling made national headlines. But headlines can be misleading, especially on a topic that is legally layered. Here’s what the Court actually decided, and just as importantly, what it didn’t change for patients here in Virginia.
What the Supreme Court Actually Ruled
The case centered on Ali Hemani, a Texas resident who told federal agents he used marijuana every other day. Based on that admission alone, he was prosecuted under a federal law making it a felony for an “unlawful user” of drugs to possess a firearm, a charge carrying up to fifteen years in prison.
In a unanimous decision, the Court sided with Hemani. Writing for the majority, Justice Neil Gorsuch made clear that the government cannot automatically strip someone of their Second Amendment rights simply because they use marijuana on a regular but non-intoxicated basis. The opinion leaned on the historical-tradition framework the Court established in its 2022 Bruen decision, which requires modern gun restrictions to be consistent with the nation’s history of firearm regulation, not just a modern policy preference.
It’s important to understand how narrow this ruling actually is. The Court didn’t strike down the federal law entirely. It didn’t rule that drug users in general have an unrestricted right to firearms. What it said, specifically, is that the government cannot treat every occasional marijuana user as automatically dangerous without more evidence. The decision leaves the door open for prosecutions involving active intoxication, addiction, or individualized evidence of danger. Several justices wrote separate concurring opinions explaining different reasons for reaching the same result, which is itself a sign of how carefully the Court tried to keep this decision limited.
Why This Doesn’t Change Anything in Virginia
Here’s the part that matters most for Virginia patients, and it’s the part that’s easiest to miss in national coverage of the ruling: this decision addressed federal law. It did not touch Virginia’s own state law on firearms and cannabis.
Under Virginia Code Section 18.2-308.4, simultaneously possessing a firearm and marijuana is a Class 6 felony, carrying a mandatory minimum sentence of two years. This is a separate state offense from the federal law at issue in Hemani, and the Supreme Court’s ruling has no bearing on how Virginia prosecutors can apply it. Having a medical marijuana card does not, by itself, restrict your right to own a firearm. But using cannabis while also possessing a firearm can still expose you to serious criminal liability under Virginia law, regardless of what happened at the federal level in June 2026.Â
There’s also the matter of ATF Form 4473, the federal form completed during a firearm purchase, which asks directly about unlawful drug use. Answering that question dishonestly while actively using cannabis is still a federal crime, independent of the Hemani ruling, and it can carry serious consequences of its own.
What Patients Should Actually Take Away From This
The Hemani decision is a real and meaningful shift in how the federal government can prosecute occasional marijuana users for firearm possession. It reflects a broader recognition, one that the Court itself acknowledged, that marijuana use has become widespread and increasingly normalized at the state level, even as it remains federally restricted.
But it is not a green light. It doesn’t override Virginia’s own felony statute, and it doesn’t erase the risks involved in combining cannabis use with firearm ownership under state law. If firearms are part of your life and you’re weighing whether to pursue a medical marijuana card, the most responsible step is a direct conversation with an attorney who can speak to your specific situation, rather than relying on a single Supreme Court headline to make that decision for you.
What medical marijuana reliably provides are protections unrelated to firearms entirely: legal access to regulated dispensaries, exemption from certain taxes recreational buyers pay, and workplace protections against discrimination for off-duty medical use. Those benefits stand on their own, separate from anything this ruling addressed.Â
Staying Informed as the Law Continues to Shift
Cannabis law in the United States is genuinely in motion right now, at the federal level, the state level, and now at the level of Supreme Court precedent. Rulings like Hemani are likely to keep coming as lower courts and legislatures work out exactly where the boundaries sit. Staying informed, rather than assuming either that nothing has changed or that everything has, is the most useful position for patients to take.
About Virginia Cannabis Cards
Virginia Cannabis Cards helps patients understand how state and federal cannabis law actually affects them, not just the headlines. Licensed practitioners provide same-day telehealth evaluations for a flat $99 fee, with a $10 discount for veterans, and the team stays current on Virginia’s evolving legal landscape so patients don’t have to piece it together themselves. Visit cannabiscardsva.com to schedule your appointment.Â
FAQs
Does a Virginia medical marijuana card affect my firearm rights?
Holding a medical marijuana card does not, by itself, restrict your right to own a firearm. However, using cannabis while possessing a firearm can still violate both Virginia and federal law, regardless of certification status.
What did the Supreme Court actually decide in the Hemani case?
The Court ruled unanimously that the federal government cannot automatically prosecute an occasional marijuana user for firearm possession without more evidence connecting their drug use to dangerous behavior. The ruling is narrow and does not apply to addiction or active intoxication.
Is it legal to possess a firearm and marijuana at the same time in Virginia?
No. Virginia Code Section 18.2-308.4 makes simultaneous possession of a firearm and marijuana a Class 6 felony with a two-year mandatory minimum. This state law is unaffected by the Hemani ruling.
Does this ruling mean I can legally purchase a firearm while using medical cannabis?
Not necessarily. Federal firearm purchase forms still ask about unlawful drug use, and answering dishonestly while actively using cannabis remains a separate federal offense. This is a question worth discussing directly with an attorney.
Should I talk to a lawyer before getting a medical marijuana card if I own firearms?
If firearm ownership is part of your life, speaking with an attorney about your specific circumstances is a reasonable step before or after pursuing a medical marijuana card, given how state and federal law intersect on this issue.
Dr. Hooman Saberinia, MD, is a Board-Certified Internal Medicine physician with extensive experience in both inpatient and outpatient care. With a background in diagnosing and treating a wide range of medical conditions, he has also proudly served Veterans as a primary care physician within the VA healthcare system. Dr. Saberinia completed his internal medicine training at the University of Connecticut Health Center and holds a Master’s in Health Systems Administration from Georgetown University. Passionate about a holistic approach to wellness, he advocates for the safe and effective use of medical marijuana to treat various conditions. Dr. Saberinia is committed to providing thorough medical evaluations for Virginia’s medical marijuana card program. Schedule a visit to receive your medical marijuana certification with Dr. Saberinia.